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Texas Divorce

Once you have decided to file for Texas divorce, you will probably have a lot of paperwork and information to work through. Texas divorce law is continually changing and working through all the legal terminology can be time consuming. A Texas divorce attorney can be a valuable resource, who can help guide you through the different ways Texas divorce law may affect you and your family.

Set up a preliminary consultation with a local Texas divorce attorney today. Total Divorce can help you find a divorce attorney in Texas that may work with you through the Texas divorce process. Call 877-349-1310 or fill out a divorce case review form to speak with a Texas divorce attorney today.

Overview of Texas Divorce Law

With the help of a Texas divorce attorney, learn about and understand Texas divorce law and how it may apply to your case. Some areas of law typically covered in a divorce case include:

Grounds for Divorce in Texas: Texas divorce courts accept both fault and no fault as grounds for divorce. You or your spouse may file on no fault based grounds if you can prove that the marriage has become insupportable because of personality conflict that prevents reconciliation. Fault based ground for divorce include:

  • Mental cruelty
  • Adultery
  • Felony conviction during the marriage resulting in imprisonment for at least one year
  • Abandonment
  • Living apart for at least three years
  • Confinement in a mental institution

Texas Divorce Residency Requirements: According to Texas divorce law, either you or your spouse need to be a resident of Texas for at least six months and a resident of the county where the divorce petition is filed for 90 days.

Property Division in Divorce: Texas is technically a community property state, but unlike most community property states Texas does not employ a requirement or presumption of equal division of marital property.

Texas Divorce Waiting Periods: There is not a waiting period before you may file for Texas divorce. Once the divorce petition has been filed in court, there is a 60 day waiting period. According to Texas divorce law, after the divorce has been finalized there is a 30 day waiting period before you or your spouse can remarry.

Texas Divorce Mediation: The Texas divorce court encourages divorce mediation or arbitration. Arbitration may take place upon agreement of the parties, and whether the arbitration is binding or non-binding will depend upon the terms of the agreement. A divorce case may be referred by a judge for mediation either upon agreement of the parties or on the court's own motion.

Child Custody in Texas: Child custody is determined by what is in the best interest of the child, with the idea that joint legal custody is best for the child. To determine physical custody, divorce law in Texas considers:

  • Relationship history between parents and child
  • Health and safety of the child
  • Health of both parents
  • Distance between where you and your spouse lives
  • Preference of the child
  • Any evidence of child abuse

Texas Child Support: Texas divorce law uses the percentage of income formula to determine child support payments. The norm is 20 percent of the net income of the non-custodial parent for one child, with increases for additional children.

Work with a local divorce attorney in Texas to learn more about recent law changes in Texas divorce law and how it may affect your divorce. Connect with a sponsoring Texas divorce attorney today by filling out the form below or calling Total Divorce at 877-349-1310.

The above synopsis of Texas divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.