If you’re getting divorced in Texas, here are some important things you need to know:
- Residency Requirements:
To file for divorce in Texas, at least one spouse must have been a resident of the state for six months and a resident of the county where the divorce is filed for at least 90 days.
- Grounds for Divorce:
Texas allows for “no-fault” divorces, meaning that you don’t need to prove that either spouse is at fault for the breakdown of the marriage. You can file for divorce based on “insupportability” (irreconcilable differences) or on grounds such as adultery, cruelty, or abandonment.
- Property Division:
Texas is a community property state, meaning that property acquired during the marriage is generally considered to be owned equally by both spouses. During divorce proceedings, the court will divide community property in a “just and right” manner, taking into account factors such as each spouse’s earning capacity and contribution to the marriage.
- Child Custody and Support:
If you have children, custody and support issues will need to be addressed during the divorce process. Texas courts generally favor joint custody arrangements, but the final decision will depend on the best interests of the child. Child support will be calculated based on the income of both parents and the needs of the child.
- Spousal Support:
Spousal support (also known as alimony) may be awarded if one spouse is financially dependent on the other. The amount and duration of spousal support will depend on factors such as the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage.
Texas law requires that divorcing spouses attempt to resolve their disputes through mediation before going to trial. Mediation is a non-binding process in which a neutral third party helps the parties negotiate a settlement.
- Hiring a Divorce Attorney:
While it’s possible to handle a divorce on your own, it’s recommended to hire a divorce attorney to ensure that your rights are protected and your interests are represented throughout the divorce process.
Overall, divorce can be a complex and emotional process, and it’s essential to be prepared and informed. By understanding the basic principles of Texas divorce law and working with an experienced divorce attorney, you can ensure that your divorce is handled in a fair and equitable manner.