Requirements to Obtain a Divorce
In order to obtain a divorce in the State of Texas, one of the spouses must have been a resident of the state for a continuous six-month period. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.
Grounds for Divorce
The State of Texas is a no-fault divorce state. This means that the spouse moving for a divorce does not need to prove any fault, wrong doing, or marital misconduct on the part of the spouse. The party moving for divorce must only show that the marriage has become insupportable because of discord or conflict of personalities.
However, Texas also has six fault-based grounds, or reasons, that allow a married couple to obtain a divorce.
- CrueltyIf your spouse is guilty of cruel treatment during the marriage that renders living together insupportable, the court may grant a divorce. Cruel treatment can be physical abuse, mental abuse, or emotional abuse.
- AdulteryIf during the marriage your spouse has committed adultery, the court may grant you a divorce.
- Conviction of a FelonyIf during the marriage your spouse has been convicted of a felony, imprisoned for at least one year, and has not been pardoned, the court may grant you a divorce.
- AbandonmentIf your spouse left with the intention of abandonment and remained away for at least one year, the court may grant you a divorce. Someone leaves with the intention of abandonment if when they leave, they intend to permanently leave. Just showing that your spouse left is not enough. You must show that your spouse left with the intent to never return.
- Living ApartIf you and your spouse have lived apart from each other for at least three years, the court may grant you a divorce.
- Confinement in a Mental HospitalIf your spouse has been confined in a mental hospital for at least three years, and their mental disorder is such that adjustment of the confinement is unlikely, the court may grant you a divorce.
Property Division
The State of Texas follows a community property regime. This means that the court starts with the presumption that all the property earned or acquired by either spouse during the marriage is owned equally by the spouses. The court divides this property in a “just and right manner.” What this typically means is that the court will split the community property 50-50, unless one of the spouses shows that a different split is more just.
Although Texas is a community property state, there is still property that is treated as separate, that is, belonging only to one of the spouses. Separate property includes property acquired by just one spouse through gift or inheritance. Property that is shown by clear and convincing evidence to be separate is awarded to the spouse who owns it.
Child Custody
In determining child custody in divorce proceedings, the State of Texas applies “the best interest of the child” standard. This means that the courts will base their decision in granting custody based on what arrangement they believe is in the best interest of the child. The courts presume that it is in the best interest of the child for the parents to share custody of the children as equally as practically possible. However, if a parent is shown to be unfit due to parental misconduct, such as neglect or abuse, the other parent can be granted sole custody of the child. For more in depth information regarding child custody in Texas, visit our blog post about child custody.
Obtaining a divorce can be an emotionally draining and complicated process. At Callahan & King, we want to help make the divorce process as smooth as possible, allowing your voice to be heard, and ensuring that you obtain the results you need. If you are considering filing for divorce or have been served with divorce papers, let us fight for you.