Divorce Law Essentials in the Lone Star State
Understanding Texas Divorce Laws
Divorce laws vary from state to state, so it is important to understand the divorce laws governing your state, should you choose to file for divorce. If you are considering divorce in the state of Texas, it is important for you to understand the state’s basic divorce laws.
Petition for Divorce
To begin divorce proceedings, one must file a Petition for Divorce. Your lawyer will help you with this process.
Grounds for Divorce
In the state of Texas, one must identify his or her grounds for divorce in the Petition for Divorce. Grounds for divorce include: insupportability, cruelty, adultery, conviction of a felony, abandonment, living apart and confinement to a mental hospital. As the petitioner, you must choose at least one of these, but you may cite as many as you feel pertain to your case.
Decree of Divorce
Whether you and your spouse choose mediation or trial, all of the following items must be settled before a Decree of Divorce can be granted:
- Alimony (i.e., spousal maintenance): This refers to compensation awarded to one spouse in a divorce. The chief provider during the marriage is generally ordered to pay alimony (or spousal maintenance) to the other.
- Division of Property: This is the way all assets, including properties and money, are divided upon a divorce.
- Custody: Custody determines who the primary caretaker will be for any child(ren) involved in the divorce.
- Child Support: This outlines the amount of money the primary caretaker of a child will be given to help support a child (or children) after a divorce.
- Visitation: Visitation determines the amount of time the other parent is given with the child and the terms of his or her visitation rights following a divorce.
- Conservatorship: The final decree of divorce must set forth all the rights, duties and obligations of each parent as to each child. Usually, this includes which parent shall have the exclusive right to determine the primary residence of the child(ren) (i.e., custody). It must also state if the residence shall or shall not be restricted to a specific geographical area. Effective September 1, 2009, the Texas Legislature amended our statutes to provide that the court may now enter an order without a parent designated as having the exclusive right to determine the primary residence of the child(ren). This is very helpful for those parents who will be living in the close proximity of one another.
Reach Out to Us for Help with Understanding Divorce Laws in Texas
If you need legal guidance or representation from an attorney in North Texas, please do not hesitate to contact Burrows Law Group today at 972-236-7798. You can also contact us here at your earliest convenience. Allow us to guide you through the divorce process and ensure as smooth a transition as possible.