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One of the spouses must have resided in Texas for six months prior to filing and 90 days prior to filing in the county where the divorce is filed. In addition, there is a 60-day waiting period after filing before a divorce will be granted. [Texas Codes Annotated; Family Code, Chapter 6.301].
There are mainly two reasons of divorce in Texas those are fault and general.In order to file for divorce in Texas, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault grounds for a divorce in Texasinclude:
General reasons fordivorce in Texas include:
Joint or sole managing conservatorship (custody) is determined according to the best interests of the child. The sex of the parents is not a factor for consideration. The wishes of the child may be considered. The factors to be considered in determining the terms and conditions for possession of a child by the possessory conservator (parent with visitation) are as follows:
The factors specified in the statute for consideration in decisions regarding joint managing conservatorship are:
The court may not award joint managing conservatorship is there is any credible evidence of spousal or child abuse or neglect. Parents may file a written agreement with the court regarding joint managing conservatorship. The court will award joint managing conservatorship based on an agreement between the parents if the agreement:
In addition, there are standard terms for a court’s order on a child’s conservatorship set out in the statute that are presumed to be the minimum allowable time that the parent who is not awarded the primary physical residence of the child is to have the child. [Texas Codes Annotated; Family Code, Chapters 153.004 to 153.434].
Texas is a “community property” state. The spouse’s separate property, consisting of:
The “community” property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust. In addition, the court may divide property acquired by either spouse while residing outside of Texas which would have been community property if they had acquired it while residing in Texas. The only factors for consideration specified in the statute are a due regard for the rights of each party and any children. Any property possessed by either spouse during the marriage is presumed to be community property unless it can be shown that the property is actually separate property. A court can determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy. [Texas Codes Annotated; Family Code, Chapters 7.001 to 7.006].
The court may award maintenance for a spouse only if:
If the court determines that a spouse is eligible for maintenance, the following factors are then considered in the award:
The amount of monthly maintenance can be no more than the lower of $2,500.00 or 20% of the paying spouse’s monthly gross income. [Texas Codes Annotated; Family Code, Chapters 8.001 to 8.055].
Either or both parents may be ordered to make periodic, lump-sum, or both types of child support payments. There are official child support guidelines set out in the statute and these are presumed to be reasonable and in the best interests of the child. The factors for consideration are:
The court may order health insurance coverage to be provided for the child. In addition, the court may order income withholding to secure the payment of child support. [Texas Codes Annotated; Family Code, Chapters 154.001 to 154.309].
It is the official policy of the state of Texas to promote amicable and non-judicial settlements of issues regarding children and families. Upon written agreement of the spouses or the court’s own decision, the court may refer the divorce proceeding to mediation. The mediated settlement of the case is binding if it is signed by the spouses, any attorneys of the spouses, and provides that the agreement is not subject to revocation. In addition, upon request, the court can order both spouses to consult a marriage counselor. If the counselor’s report indicates a reasonable expectation of reconciliation, the court can order further counseling for up to 60 additional days. Upon every filing for divorce, the court clerk is required to furnish a statement to the person filing regarding the availability of marital counseling services. In addition, if there has been a history of conflict and difficulties in resolving questions of access to any children, the court may order either parent to participate in counseling. [Texas Codes Annotated; Family Code, Chapters 102.0085, 153.010, 6.505, and 6.602].START Your Divorce Process Now!
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