Texas Divorce Laws-Frequently Asked Questions |
| |
1. What is community property?
Community property is the property that is purchased during a marriage. Gift items are not included in community property but it comes under separate property. The court does not take any spouse's separate property under consideration at the time of divorce. If someone is claiming a separate property, then s/he has to prove it in the court. |
|
| 2. Am I eligible for 50% property?
If you and your spouse are divorcing and you think you will get 50% of the property, then you are absolutely wrong. According to Texas divoce laws, community property is divided into fair and equitable portions. |
| |
| 3. Me and my wife are getting an uncontested divorce, can we hire one divorce lawyer?
No. according to Texas divorce laws, one divorce lawyer cannot represent two spouses in a divorce case, even if all the issues are settled. |
| |
4. Can I file a divorce using separation as a divorce ground?
Separation is not a divorce ground in Texas. So, it is not possible to claim a Texas divorce using separation as a ground. |
| |
| 5. What is the minimum residency period for divorce in Texas?
In order to get Texas divorce, you must be a resident of this state for at least six months according to the Texas divorce laws. |
| |
| 6. My spouse has left Texas, can I still claim a divorce here?
Texas divorce laws say that either husband or wife must be a resident of Texas to claim a divorce. |
| |
7. How is child custody issue setteld in Texas?
To settle child custody issue, a child's interest is given supreme importance. If the child is immatue then court considers the parents' interest to serve the child and which parent will better make decisions for the child. The gender is not taken as a deciding factor by the Texas divorce courts. |
| |
| 8. Do grandparents have visitation rights?
Yes, grandparents can definitely visit the grandchild, but they have to get the permission from the divorce court. Texas divorce laws have recently been updated and weekends have been fixed for grandparents' visitation. |
| |
9. What amount should be paid as alimony. Is it fixed?
According to Texas divorce laws, the amount which is to be paid for spousal support is $2,500 per month maximum or 20% of the gross income. |
| |
10. What are the conditions for separation in Texas?
The only condition for separation in Texas is that the parties must live separate and distant for atleast 3 years. |