Divorce Guide to Texas

A woman's guide to getting a divorce in Texas

Posted to Resources by First Wives World on Tue, 04/27/2010 - 8:20am

TEXAS DIVORCE LAWS:

The Residency Requirement: One of the parties must have resided in Texas for six months, and must have resided for 90 days in the county where the divorce is filed.

Grounds: No Fault: The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Fault: Mental Cruelty; Adultery; Imprisonment or conviction of a felony; Abandonment; Living separate and apart; Insanity and confinement to a state mental hospital.

Property Division:
Texas is a community-property state, meaning any property acquired by either party during the marriage is divided equally at divorce, unless the court finds that an equal division would be unjust (click the following for an expert's overview and key tips on dividing up property and assets through divorce).

Alimony: Texas has the harshest, most restrictive alimony laws in the country. The court awards alimony only if:

The spouse from whom maintenance is sought has been convicted of domestic violence within two years before the suit for dissolution; OR
The duration of the marriage is more than 10 years; AND
The spouse seeking maintenance lacks sufficient property to provide for his/her reasonable minimum needs; OR
Is unable to support him/herself through employment because of an incapacitating physical or mental disability; OR
Is the custodial of a child who requires substantial care and supervision on account of a physical or mental disability; OR
Clearly lacks earning ability in the labor market to provide for minimum reasonable needs.

Moreover, alimony cannot last more than three years, unless there is a compelling reason the spouse cannot obtain gainful employment.

Child custody and child support: As in every state, the court bases custody (called “managing conservatorship” in Texas) on “the best interests of the child.” In Texas, the court presumes that the appointment of the parents as joint managing conservators is in the best interests of the child.

Texas child-support guidelines calculate child support as a percentage of the noncustodial parent’s income.
There are many factors that go into the formula, but generally:

For one child, support is 20 percent of the noncustodial parent’s net resources
For two children, it is 25 percent
For three children, it is 30 percent
For four children, it is 35 percent
For five children it is 40 percent
For six or more children, not less than 40 percent.

Child support lasts until the child is 18 or graduates from high school, whichever comes first.

Click the following for an expert's overview and a detailed directory of articles on child custody and child support.

The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.

Comments

Abandonment

Submitted by Guest on Sun, 01/13/2013 - 11:38am.

This is a sad but really true situation. I felt my heart breaking over Haley's plight. Obviously her ex is an uncaring jerk, but knowing that doesn't help her out any. She needs support to get her back on her feet. Mostly she needs to forget that her marriage ever happened and start out anew like she was just starting out in life for the first time. Hopefully the laws have provided her with ways to help herself. She has been through a really bad time with a really bad man, and she needs to remind herself that she is not to blame for what has happened to her.

what do I do?

Submitted by Haley (not verified) on Mon, 10/01/2012 - 10:09pm.

My husband and I have been married since 2008 and living separately as of June 2011. In the months before our separation we had made plans (as husband & wife) to relocate to my hometown, Sacramento, CA. He convinced me to put my two weeks notice into my employer, search for homes in CA & put all of my belongings into storage. He convinced my to drive my car out to his parents house in Virginia for 'one last visit' before we lived on opposite coasts. while in VA he confessed to me he was not moving to CA and had no intentions of doing so. An argument ensued, at this time I was told to leave his parents property ( his parents were witness's to this). At this time I packed my summer suitcase & my dog and left the residency per his request I drove from Goochland, VA to Louisville, KY. There I called him, begging to reconcile, stating that I would stay here for the night to give him time to think. He said this was not necessary. At this time he was demanding me to go to California, and to not even stop in Texas, as there was nothing there for my anymore. Having limited (shared) fund in our account to use I drove straightaway, only spending one night with a mutual friend of ours in Omaha and paying for one motel in Salt Lake City. By the time I arrived in CA I had no money to my name. My family supported me and paid my car payment($300/mo) and our joint family plan cell phone bill ($280.00/mo), both of which he previously paid for. I acquired a job and worked for 9 months, during which I received several unsatisfactory reports due to emotional stress I was undergoing directly relating to my abandonment. During several months we were living in different states however he was telling me he wanted to work things out. I have proof of theses statements in email, text and online messaging (skype, gmail chat, meebo). In the months that I have been unemployed I have asked him several times for help. I have been unable to even rent a place of my own since I have moved to CA. I have not had availability to any savings account or funds of any kind. I do receive unemployment and am able to stay with family or friends for periods of time. I was willing and able to do all this with the faith that time may heal whatever time of ailment had pursued his mind and heart. However last week I received a petition for divorce and a waiver of contest to sign. In the petition I receive no temporary support. In the months that I have been staying in California my car has required expensive repairs, due mostly to the miles it enc rued in our last few months together. I have also suffered great emotional loss and have been suffering from anxiety & panic attacks, as well as crippling depression, neither of which i can afford to seek any help for. receiving these documents in the mail is a harsh reality check. in the time we have been separated he moved back to our area of Texas and has picked up our old life--without me. I cannot understand how this is legal. also, my belongings are still in his possession. I never moved my things because I had treated this as a trail separation. Now I have nothing to furnish a place if I could even afford one. In lieu of furniture, clothes, perfume, makeup, accessories all of my documents (highschool diploma, legal documents, vet documents, hospital documents). I have no money to buy food after I pay our cell phone and my car payment, however am i supposed to pay a lawyer?I am 25 and feel as though I have wasted so many precious years and have nothing to show for it. He is older and has his career while I spent five years faithfully serving him with no investment in my future. I was under the belief that we shared the same views on marriage and put all my trust in this sacred pact. In the meantime he has a stable income, permanent residency (which he has furnished with all of OUR furniture, electronics, kitchenware, etc....). He recently took a trip to Florida to rekindle his relationship with his (other) ex, which of whom he has a older child with. I never in a million years saw this coming. What do I do? I know I have a time limit to respond to his papers, what should I do? I have no clue what I need, please help. & Sorry if this is a super-long I tried my best to sum things up. Thank you so much!

Divorce Guide to Texas

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