Below are some of the laws governing Texas divorce proceedings:
Residency Requirement Provision
In Texas, there is a residency requirement provision that must first be met before the petition can be filed. The rule states that either spouse must be a resident of Texas for at least six months and resided in the county where the petition is to be filed for at least 90 days prior to commencing the action. If the requirements are met, then the divorce petition should be filed with the District Court of the county where either spouse lives.
Legal Grounds for Divorce in Texas
There are two ways in which a divorce can be filed in the state. Parties can either file for a no-fault divorce or for a fault divorce. A no-fault divorce merely needs to cite irreconcilable differences as the grounds for the petition. A fault divorce, however, is a little more complicated.
Texas accepts the following grounds for fault-based divorces:
- Felony conviction
- Confinement in a mental hospital
- Living separate and apart without cohabitation for at least three years
Property Division Rules
Texas is a community property state, which means that property and assets will be divided equally. This can prove difficult for parties, especially if the divorce was filed under fault grounds. Obtaining legal help with an experienced Texas divorce lawyer is the best way to ensure you do not lose your rightful assets in the split.
Texas Child Custody Laws
The primary consideration for child custody in Texas is what is in the best interest of the child, not what the gender of the parent is. Sole or joint custody may be awarded, but presumption shall be for joint custody, unless the court finds a history of violence or abuse within the family.
Several factors will come into place when determining child custody arrangements, including the relationship of the parent and child, the ability of the parents to provide for the child, and if the child is 12 years of age or older, their personal preference.
Divorce Lawyers and How They Help
Because a spouse’s rights can be trampled on at any given moment during proceedings, it is imperative that the help of an experienced Texas divorce lawyer is sought. An attorney can help you file your paperwork to make sure there are no errors, will mediate with your spouse to come to a fair agreement on property division or child custody, and will always protect your interests to make sure you walk away from your case with your due settlement.