Getting a Divorce in Texas? These are some of The Things You Need to Know


Divorce is never an easy decision to make, but because of many reasons, a couple chooses this path to end the union legalized by the state.

Some of the Laws in Texas one needs to know before filing for a Divorce

  1.    There is a Residency Requirement in Texas before one can file for a divorce.

Either one of the spouses should have lived in the state for six months before filing the case. Also, one of the spouses needs to be a resident of the country 90 days before submitting a petition.

  1.    Texas Laws do not acknowledge Legal Separation.

A couple is still considered married unless proclaimed legally divorced. One can file for a divorce if the couple has been living separately for at least 36 months or more.

  1.    There is an equal split of properties.

In Community Ownership, any property or cash acquired, no matter how these are titled, both spouses have to split ownership. Community debts, on the other hand, are debts acquired within the time of marriage.

  1.    One may file for a No-Fault Divorce in Texas.

You don’t need to prove fault with your spouse to file for a divorce in Texas. Instead, one may state reasons for divorce such as Irreconcilable Indifferences. It is a fancy way of saying you and your spouse no longer get along and that your relationship as husband and wife is irreparable. One may also use the term Irreparable Breakdown of Marriage to describe such reason.

  1.    5 other reasons can be used to file for a divorce.

Cruelty, adultery, confinement to a mental hospital, abandonment and a felony conviction are the other reasons accepted by the Laws of Texas in filing for divorce aside from living apart and no fault.

  1.    You won’t get a speedy divorce in Texas.

The length of time of finalizing a divorce depends on the degree of conflict and how complicated the issue is. It can be between 6 months up to a year or more.

  1.     Texas Laws award joint custody of children based on their best interest.

It means each parent will have rights and obligation to the child, and the parent who gets to be the primary caretaker will have to decide living arrangements.

  1.    Child Support is computed using the Percentage of Income Formula.

The parent who is not the primary caretaker of the children will have a percentage of his income go straight to child support depending on the number of children he/she supports.

  1.    If the wife is pregnant, most Texas courts will wait for the baby’s birth before finalizing the divorce.

It is typical of the court to wait for the child’s arrival before making a final decision, even if the child is not the husband’s.

  1.    The wife can change her name, but as for the children, both parents need to provide consent.

One can request to change their name. If both parents approved, that’s the only time you can modify a minor’s last name.

One may choose not to avail the services of a lawyer when involved in a divorce case, but this would be a stressful path as it will cost money and time. It is best to consult with a professional who specializes in such cases. There are lots of divorce lawyers in Houston, Texas that can help you go through this convoluted case and challenging times.

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