Things To Know About A Texas Divorce

There are certain prerequisites to a Texas divorce—as far as residency is concerned—one of the spouses has to be a resident of Texas for a continuous period of six months prior to filing for divorce. A Texas divorce can be either fault or no-fault. You can also seek a divorce based on separation for at least two years. Adultery, cruelty, and abandonment are also grounds for divorce.

Property division follows the principle of community property, which basically means that there is equal division of property between partners regardless of who spent more on buying the property.

In Texas, child custody decisions are based on the child’s welfare. The courts may decide on frequent contacts between the child and both parents. A divorce settlement may also lead to joint-custody arrangement.

An important part of a Texas divorce is that you can request a restraining order at the time of filing for divorce. This basically will maintain status quo until a decision on the division of property is reached. This acts as an insurance against either party trying to sell property and other assets.

The process of discovery is an important step during a divorce proceeding in Texas—where the parties try to find out more about one another. Discovery methods include interrogatories, requests for admissions, requests for production of documents, and depositions. Once the discovery process is complete the two parties meet and try to arrive at a settlement. If an agreement is reached, then an Agreed Decree of Divorce is prepared, which is the final divorce document. If an agreement cannot be reached through negotiations then a trial takes place.

As a last ditch effort before the trial commences the two parties are required to make one last attempt at mutual agreement in the presence of a third party who acts as mediator.

A Texas divorce can be finalized after a minimum 60-day waiting period from the time a divorce petition is filed if the parties are in agreement. Divorce cases that are contested can take anywhere from six months to one year or more before the issue gets resolved.

There are certain requirements that you need to fulfill if you request spousal maintenance. These include, subject to conditions, a marriage period of ten years or more and proof that you are unable to provide for yourself. Usually the amount which the paying spouse has to pay is not more than 20% of his income. There is also a cap on the period for which he has to pay maintenance.