RESOURCES and INFORMATION
It is understandable that no one want’s to be left in the dark – Below is a collection of resources that may help you stay informed:
State of Texas Judicial Branch
www.txcourts.gov This website provides the Directory of the state court system including appellate and trial courts, and agencies, court rules, and other resources and links.
Children and Divorce Resources – www.txaccess.org
Texas Family Code Regarding Divorce – https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
Tax Issues
www.irs.gov Tax issues are complex and difficult to generalize. I.R.S. regulations change frequently. Please refer to the website for information that will apply to your tax situation. If you are unsure of issues regarding taxes, you should discuss the tax impact of your divorce with a tax professional.
Residency Requirements
Texas Family Code 6.301
In order to file for a divorce in the state of Texas, residency requirements must be met for the court to accept the case. One spouse must be domiciliary of the state of Texas for at least six months and a resident of the county in which the suit is filed in for ninety days.
Texas Family Code 6.302
If you do not live in the state of Texas but your spouse does (and he or she has been living in the state of Texas for at least the past six months), you can file a divorce suit in the county in which he or she lives.
Texas Family Code 6.303
Any time either spouse spends living outside of the state of Texas while serving in the U.S. armed forces or as an accompanying spouse of someone serving, is still counted as residency in the state of Texas for the purpose of calculating the required six-month and 90-day time periods for a divorce.
TEXAS GROUNDS FOR DIVORCE – TEXAS FAMILY CODE 6.001-6.007
The state of Texas allows both fault and no-fault grounds for divorce
There are 7 grounds (reasons) for the court to grant a divorce in the state of Texas (only the first is granted without regard to fault).
- Insupportability – The court may grant a divorce in favor of one spouse without regard to fault if the marital relationship cannot continue due to irreconcilable differences.
- Cruelty – The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment towards the other that renders further living together as insupportable.
- Adultery – The court may grant a divorce in favor of one spouse if the other spouse has committed adultery. “Adultery” is defined as voluntary sexual intercourse between a married person and a person other than such person’s spouse.
- Conviction Of Felony – The court may grant a divorce in favor of one spouse if when during the marriage, the other spouse has been convicted of a felony, has been imprisoned for at least one year in the Texas Department of Criminal Justice, a Federal Penitentiary of the Penitentiary of another state and has not been pardoned. The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
- Abandonment – The court may grant a divorce in favor of one spouse if the other spouse left with the intention of abandonment and remained away for at least one year.
- Living Apart – The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for least three years.
- Confinement In A Mental Hospital – The court may grant a divorce in favor of one spouse if at the time the divorce suit is filed, the other spouse has been confined in a state mental hospital or private mental hospital, as defined in section 571.003, Health and Safety Code, in the state of Texas of another state for a least three years; and it appears that the confined spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is possible.
WAITING PERIOD
In the state of Texas, there is a mandatory 60-day waiting period from the time the divorce is filed until you are eligible to appear in court to finalize your divorce. However, this time frame could take longer depending upon the circumstances regarding each case as well as the scheduling of the court.
TEXAS PROPERTY DIVISION
Texas is a community property state and defines community property as all property and debt acquired and/or earned from the date of the marriage until the marital cut-off date that isn’t separate property. Separate property includes anything that belongs to one spouse that was acquired and/or earned before the marriage and was kept separate during the marriage. This could also include property that was gifted or inherited to only one spouse during the marriage. To keep such assets free from division by the court, a spouse must provide clear and convincing evidence that the asset in question is his or her separate property.
The court makes decisions regarding the division of community property in a “just and right” fashion, meaning that community property is not presumed to be a 50/50 split but rather what the judge regards is fair under the circumstances of each individual case.