Any separation is difficult, but knowing the steps can help in this process, which is not easy. The laws regulating divorce in Texas include the procedure that has to be followed, the time it has to take, and the rights of each party to protect families’ interests.
Filing for Divorce
Texas has residency requirements for filing for divorce: the state residency of one spouse for six months and the county residency of one spouse for ninety days is mandatory. If all these requirements are met, the process will start by filing a petition in the district court. It is free from fault but also contains a concept of no-fault divorce, such as insupportability, as well as the concepts of fault, for example, adultery or cruelty that could affect, for instance, property division or custodianship discretion in Texas.
Timeline
Texas law also requires any person filing for divorce to wait for a 60-day non-essential waiting period from the point of filing until the divorce is finalized unless spousal abuse is involved. However, most divorces may take a relatively longer time, mainly when there are many complications related to property status, children, and support.
Child Custody and Support
Child custody in Texas is called conservatorship, which deals with the legal relationship between the parents and their children. Although the courts highly recommend joint managing conservatorships, the child’s best interest is considered. If the parents cannot decide, the judge will set down the terms of custody and visitation.
Child support is a percentage of the noncustodial parent’s income adjusted for the number of children. It is often 20% of net resources for one child but more for additional children. Family courts then analyze health costs, children’s schooling, and child care.
Property Division
Texas is a community property state wherein all the assets and debts accumulated during marriage are split relatively fairly. The division of community property is equitable, whereas separate property remains with the original owner, as any gifts or inheritance. It may not be entirely equal, but it is supposed to be fair or close to being fair.
Spousal Maintenance (Alimony)
Texas has restricted statutory laws that allow spousal support only when the marriage has lasted more than ten years or where there was spousal abuse or disability. Permanent periodical maintenance is brief and limited to $5,000 monthly or 20% of the supporting spouse’s income. It varies with the marriage period and unique circumstances that may prevail.
Special Considerations
At the same time, Texas does not acknowledge common-law marriages as such, which means that people must prove that their relationship was legal. Also, people can change names during divorce to restore the prior personal name used before marriage.
Final Thoughts
The legal and emotional aspects of divorce in Texas are on multiple levels. If you face such issues, the best attorney will always advise and stand for you in the legal battle. Bear in mind that while there is a legal process, the objective is to arrive at the next stage of a person’s life logically and backed.
