Texas Family Law Court - Divorce | Family Law Courthouse

Texas Family Law Court – Divorce

Texas Family Law – Divorce

Texas residency requirements

In order to file for divorce in Texas, one of the spouses has to have lived in the state of Texas for at least 6 months AND be a resident of the county in which the suit is filed for at least 90 days.

Grounds for divorce

Texas is a “No Fault” divorce state, meaning that neither side has to prove the other is at fault in filing for divorce. If one spouse is responsible for the separation of the marriage, then the court may take that into account when determining how to separate the couple’s properties. The grounds for fault in a divorce are: Abandonment, long-term imprisonment, adultery, cruel treatment, confinement in a mental health facility for at least three (3) years or living apart for at least three (3) years. A no fault divorce is declared as “insupportability” which indicates there is a conflict personalities that destroy the marriage and prevents any chance of reconciliation.

Finalizing a divorce

In Texas, a divorce is final after a judge declares it in court and signs the decree of divorce. A minimum of 60 days must occur between the initial filing of divorce and the finalization. Depending upon the complexity of the case and individual circumstances it usually takes about 6 months to 1 year to finalize a divorce.

Division of Property

In Texas, the court assumes all property acquired by either spouse during a marriage is community property. Therefore, in most circumstances, this assumes a 50/50 split of all properties. If there are other circumstances including an at-fault spouse or unequal earning power, the court may adjust the division of properties in an uneven manner. If you have a separate property which can be proven with “clear and convincing evidence”, you can keep it. An example would be a gift or inheritance that was always kept in only one of the spouses names.

Alimony

In order to receive alimony, the spouse requesting alimony must meet one of four requirements:

The paying spouse was convicted of family violence within 2 years of of the date of filing for divorce.
The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and cannot support himself or herself through appropriate employment because of an incapacitating physical or mental disability.
The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child.
The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and lacks earning ability in the labor market adequate to provide for minimal needs.

If a requesting spouse qualifies under the 1st, 3rd, or 4th requirement above, the alimony cannot last more than 3 years, and the amount cannot exceed 20% of the paying spouse’s gross income. If the requesting spouse qualifies under the 2nd requirement, there is no limit to the length of the alimony.

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