Texas has following divorce laws:
Residency
As mentioned in the Texas divorce laws, a person, who is seeking a petition for divorce, has to be a permanent resident of Texas State for at least last six months.
A person not previously a resident of this state who is:
- Serving in the armed forces of the United States and
- Has been stationed at one or more military installations in this state for at least last six months and
- At a military installation in a region of Texas for at least the last 90 days is considered to be a Texas domiciliary.
Documents Required for Filing Divorce
According to Texas divorce laws, the essential documents needed to start and finalize a divorce are:
- Petition for Divorce
- Decree of Divorce
There are a few other documents that may be required throughout the filing process, they are:
- Verification
- Marital Settlement Agreement
- Financial Affidavit
- Child Support Worksheet.
Distribution of Property
Texas is believed to be a "community property" state, which means that a mathematical formula is used to divide the property, where the judge has a right to improvise. The property is to be divided into "
marital" and "separate" property. Practically observed in Texas, though, judges are educated to do what is fair according to them in carrying out community property division, even if that means deviating from the formula.
Change of Name or Restoration of Name
According to Texas divorce laws, the spouses can restore their names after they get divorced.
Mediation Counseling
Mediation counseling is an attempt to try and reconciliation the differences amongst the two parties. A mediator is usually hired to start a dialog between the two people in which crucial subjects are picked and discussed (mainly subject which are the root cause of the breakup).
Alimony
Under Texas divorce laws, there is a policy of limiting
alimony. In general, alimony will be granted only for ten years and only if the spouse receiving maintenance does not have enough property after the divorce to provide for his or her minimum reasonable needs. Other conditions include the providing of support if the other spouse is physically or mentally disabled, or lacks the ability to work.
Child Custody
This decision has to be carefully planned as it has to be in the best interest of the child, whether the custody is given to one parent or both. Joint custody is awarded on a number of factors mainly:
- Physical
- Psychological
- Emotional needs
- Development of the child etc.
Joint custody will not be awarded where there is a history of family violence, neglect, or abuse by one spouse against the other spouse or any child.
Child Support
Under Texas divorce laws, child support amount is calculated based on a percentage of the net income of the non- custodial parent. The percentages are indicated in tables published by the Texas state.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
