Divorce in Texas

Divorce is a difficult and emotional process that can be especially challenging when you live in Texas. We’ve seen many couples go through this process, and we know firsthand how complex it can be. Here is an overview of divorce in Texas and the key issues you need to be aware of.

Grounds for Divorce in Texas

Texas is a “no-fault” divorce state, which means that either spouse can file for divorce without having to prove fault or wrongdoing by the other spouse. This makes the process of getting a divorce in Texas much easier than in some other states. However, there are still several grounds for divorce that can be used to establish fault, including:

- Adultery

- Abandonment

- Cruelty or Abuse

- Felony conviction

- Living apart for at least three years

While fault can be used to establish grounds for divorce, it typically doesn’t have a significant impact on the outcome of the divorce.

Division of Property

One of the most significant issues in any divorce is the division of property. In Texas, property is divided based on community property laws. This means that all property acquired during the marriage is considered community property and is subject to division in the divorce. Separate property, which is property acquired before the marriage or through inheritance, is not subject to division.

Texas is also a “just and right” state, which means that the court will divide property in a way that is fair and equitable. This doesn’t necessarily mean that property will be divided equally, but rather in a way that takes into account the unique circumstances of each case.

Child Custody and Support

When there are children involved in a divorce, child custody and support are often the most contentious issues. In Texas, custody is referred to as “conservatorship” and can be either joint or sole. Joint conservatorship means that both parents share decision-making responsibilities, while sole conservatorship means that one parent has the primary decision-making authority.

Child support is typically calculated based on a formula that takes into account the income of both parents and the number of children involved. However, there are several factors that can impact the amount of child support ordered by the court.

Spousal Support

Spousal support, also known as alimony, is not automatic in Texas. Instead, it is awarded based on the unique circumstances of each case. Factors such as the length of the marriage, the earning capacity of each spouse, and the age and health of each spouse are all considered when determining whether spousal support is appropriate.

Final Thoughts

Divorce is a difficult and emotional process, but it’s important to remember that you don’t have to go through it alone. At Hines Law Firm, our wolf pack is here to help guide you through the process and ensure that your rights are protected. Whether you’re just beginning to consider a divorce or you’re already in the midst of the process, don’t hesitate to reach out to us for help.

Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. Consult with an attorney for professional advice tailored to your specific situation.