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What are the grounds for divorce?
1. Marriage has become "Insupportable" - this is a no-fault divorce where the only reason needed is that the couple can no longer sustain their relationship.
2. Cruel Treatment - either spouse must be guilty of cruel treatment toward the other spouse that renders living together insupportable.
3. Adultery.
4. Conviction of a felony and imprisonment for at least 1 year.
5. Abandonment for more than 1 year.
6. Separation for more than 3 years.
7. Confinement in a mental hospital for at least 3 years.
What are the residency requirements for divorce?
To file for divorce in Texas, you must have lived in Texas for the past 6 months, and lived in the county where you plan to file for the past 90 days. These rules don't apply to military personal from Texas out of state on duty.
How much child support can I get?
Texas has guidelines for determining the amount of child support owed. These guidelines must be followed unless both parents reach an agreement on child support. According to the guidelines, the number of children a person has determines the percentage of the person's total monthly income that must go to child support..
How long will I have to pay child support?
Generally, child support is required until the child either turns 18 or gets married. If the child is disabled before turning 18, support obligations can continue into the child's adulthood.
What will my visitation rights be?
Texas has a standard possession and visitation order that must be followed unless either the parents agree otherwise or the court finds the standard order isn't in the child's best interest.
Under the standard order, if the parents live within 100 miles of each other and the child is older than 2, the non-custodial parent has possession: (1) from 6PM Friday to 6PM Sunday the first, third and fifth weekends each month, (2) from 6PM to 8PM every Thursday during the school year, and (3) 30 days in the summer.
If the parents live over 100 miles apart or the child is younger than 3, more flexible rules apply.
Can I get alimony?
There is no alimony in Texas. However, there is spousal maintenance. To qualify for spousal maintenance, one must have been married for 10 years or longer, lack sufficient property to provide for one's minimum reasonable needs, and lack the ability to support oneself either due to no marketable skills or disability. The maximum amount of spousal maintenance is $2,500 per month, and the maximum duration of spousal maintenance is 3 years. Aside from spousal maintenance, parties to a divorce can also enter into an agreement where one spouse pays the other spouse a sum of money over a period of time. This is essentially, though not technically, contractual alimony.
How soon can I get a divorce?
In Texas, a divorce cannot be granted until 60 days after the start of the suit.
How soon after my divorce can I remarry?
In Texas, you cannot remarry until 30 days after the court grants your divorce without a court waiver.
What is a common law marriage?
A common law marriage is when a couple is considered married despite neither having a marriage license nor going through a marriage ceremony. A common law marriage requires that the parties agreed to be married, lived together as husband and wife and represented to others that they were married.
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