Things You Should Know About Obtaining A Divorce In Texas
Contemplating divorce is always difficult. Involving a knowledgeable Texas family law
attorney as soon as possible in the divorce process is one of the best ways to
preserve your own long-term financial and emotional health.
Grounds for Divorce
A divorce is a method of terminating a marriage contract between two individuals. In
Texas, divorce can either be "no fault" or fault-based. No fault divorce is a marital
termination proceeding where the divorce is granted without either party being
required to show fault (show that the other party caused the breakdown of the
marriage). Under no fault rules, either party may obtain a divorce, even if the other
spouse does not consent to the divorce. Married people can get a no fault divorce if
their marriage has become "insupportable" or if the couple has been living apart for
three years.
Division of Property in Texas
When there is little or no marital property, no children, no issues of spousal
maintenance, amicable spouses can usually obtain a quick divorce by making a
divorce agreement and having a judge approve it. Most divorces, however, are quite
different and far more complex. The typical Texas divorce involves a union of many
years with considerable marital property, both personal property and real estate,
children, family businesses, large or concealed debts, trust funds, real estate in
other states, joint and separate accounts, investments, insurance, pensions, and
other assets. In these complex situations, the parties often cannot divide their
property on their own and therefore may require court involvement for its ultimate
division.
Child Support
In the State of Texas, the provisions of the Texas family code dictate child support.
In general, under Texas law, child support is presumed to be proper if set at the
following percentages:
- 20% of net resources for 1 child;
- 25% of net resources for 2 children;
- 30% of net resources for 3 children;
- 35% of net resources for 4 children;
- 40% of net resources for 5 children;
- Not less than 40% for 6 or more children.
Child Custody
Custody litigation should be the last resort because children can be permanently
damaged unless custody and divorce issues are handled with extreme sensitivity.
- Legal custody is the decision-making power over life decisions such as
education and medical decisions and equal access to school records.
- Physical custody is where the child or children will live. The physical custody is
usually one of these three arrangements:
Visitation
Visitation exists when one parent has sole or primary physical custody. The time,
amount and location of the visitation will vary depending upon the situation. In
general, the State of Texas encourages visitation and does not generally exclude a
parent unless there is a threat of serious harm.
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