Divorce in Texas

Thu, 20 Aug 2020 21:29:42 GMT

To be eligible to file for divorce in Texas, at least one of the spouses must have been a continuous resident of the state for at least six months. To be eligible to file for divorce in any county in Texas, at least one spouse must have been a resident of that county for at least 90 days.

Divorce in Texas is a Lengthy Process

In Texas, a divorce is not final for at least 60 days after a petition is filed. It typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.

No Legal Separation

Texas does not recognize legal separation. This means that even when you are living apart from your spouse, all of the property you or your spouse acquire during the marriage is community property—regardless of the way it is titled—and all debt you or your spouse incurred during the marriage is community debt. You are married until you are legally divorced.

“No-Fault” Divorce in Texas

Texas law allows for “no-fault” divorce, the spouse filing for divorce does not have to prove any fault, wrongdoing, or marital misconduct on the part of the other spouse.

Divorce in Texas – Leave it for an Attorney

Getting divorced is a complicated process. While you can technically represent yourself in a divorce suit, it can be a difficult process and end up costing you time, money, and stress. You need an experienced and aggressive lawyer to represent you.

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Child Custody in Texas

Sat, 15 Aug 2020 21:27:25 GMT

According to the Texas Statutes, Family Code, Chapter 153, the court presumes for joint managing conservators; however, the best interest of the child transcends all other considerations.

The Texas court has several options when issuing a custody order. Sole custody can be awarded to one parent, which means that the child resides primarily with that parent and that parent has the exclusive right to make decisions about the child’s upbringing. However, Texas courts prefer joint custody arrangements, so the child maintains a meaningful relationship with both parents. Joint legal custody means that the child still primarily resides with one parent and the other parent enjoys visitation; however, the parents share decision-making in raising the child. Shared custody means that the parents share legal custody rights but also that the child has two residences and lives with each parent for at least 35 percent of the year. The last option is split custody and is rarely used. With this arrangement, there are at least two children, and each parent is awarded full custody of at least one child.

Legal and Physical Custody

Legal custody means a parent’s right to raise the child and make decisions regarding the child’s day-to-day upbringing, such as where the child goes to school, what religion the child practices, what medical treatments that child receives and what activities the child participates in. Physical custody means possession. In Texas, a parent with physical custody is called the “possessory conservator,” and the child resides with that parent.

Determining Child Custody in Texas

The court has great discretion when making custody determinations, but considers:

the child’s wishes;
the current and future emotional and physical needs of the child;
any current or future emotional and physical danger to the child;
the parenting abilities of each parent;
the programs available to assist each parent to promote the best interest of the child;
the plans for the child by each parent;
the stability of the proposed home; and
any acts or omissions of the parent that may indicate parental unfitness, and any explanations for such acts or omissions

Custody battles are often contentious and can be complex because the court considers so many factors when making decisions in these cases.

Texas Child Custody

In Texas, there are two different forms of custody, or conservatorship, rights given to parents. A managing conservatorship allows a parent to make legal decisions regarding the child, such as which school or church to attend, as well as the power to make financial and medical decisions for the child. A possessory conservatorship gives a parent the right to access and visit the child but not necessarily the authority to make legal decisions for the child.

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