Divorce law - Texas (US)

• Petition for Divorce
• Decree of Divorce
• Marital Settlement Agreement
• Financial Affidavit
• Child Support Worksheet
• Verification

The Texas Divorce Law will grant Divorce on the following grounds:

Divorce is granted on the grounds of:

• Irreconcilable Differences

  This is also known as the No-Fault Grounds for divorce, and is often the simplest way to get divorced. The Texas Divorce Law grants divorce on the grounds of Irreconcilable Differences, where the couple have reached a stage where the personality differences are so great that they are no longer able to sustain their marriage, but this has to be substantiated.

• Cruelty

  The Texas court can grant divorce under the grounds of one partner's behavior as being unreasonable and cruel. This would include things such as physical or emotional abuse, but it has to be proven and it is only then the court's decision as to whether the divorce on the grounds Cruelty is granted.

• Adultery

  After the grounds for Irreconcilable Differences, Adultery is the most common grounds for getting divorced. Divorce on the grounds of Adultery is granted when one spouse is proven to have had extra marital affairs of a sexual nature. Getting divorced on the grounds of Adultery can often be complicated. This is why it can be costly with regards to the attorney's expenses and fees.

• Conviction of a Felony

  Divorce is granted on the grounds of Felony if one spouse has been found convicted of a felony and is imprisoned for at least a year in a state, federal penitentiary or the penitentiary of another state. It must also have been shown that the spouse has not been pardoned and was not convicted based on the testimony of the spouse filling for divorce.

• Abandonment

  The Abandonment is granted when one spouse has left the other with the intention of not returning, and has remained away for at least a year. It is important to realise that the intention of the abandonment has to be proven, and for this reason it can be difficult to do so.

• Confinement in a Mental Hospital

  Divorce is granted on the grounds of Confinement in a Mental Hospital if a spouse has been confined in a mental hospital for at least three years. It must also be shown that the hospitalised spouse is not likely to improve in time or that if they do, that they are likely to have a re-lapse.

• Living apart without cohabitation for at least 3 years

  This is granted if the spouse can prove that they have lived apart for at least three years with no cohabitation.

The Texas Divorce Law and the Children

The Texas Divorce Law's primary aim is the welfare of any minor child or children involved and as such the case is handled differently when children are involved. The Texas courts will do everything it can to minimize the emotional trauma experienced by the children involved. The welfare of the children will include:

• Where they live

  If the child is 12 years or older, then the children can choose the parent they would prefer to live with.

• Visitation rights
• Health care
• Child support

The Alimony, maintenance and support

The court normally only grants maintenance to a partner if one of the following requirements is satisfied:

• If the spouse is unable to find employment due to a physical or mental disability.
• The partner can prove an inability to earn any income, even as a labourer, in order to provide for the minimum reasonable necessities.
• If the custody of a child with a physical or mental disability is granted to the spouse seeking maintenance. However, this only applies if the spouse is unable to be in employment, as he or she needs to provide full time care to the child.

The court generally limits the duration of the maintenance to three years, unless the spouse seeking maintenance is unable to find employment due to a physical or a mental disability, or if the custody of a young child is granted to the spouse seeking maintenance. The value of the maintenance and support depends on:

• The financial resources, which also includes the property or properties, of the spouse seeking maintenance or support
• The education and the employment skills of the spouse seeking maintenance.
• The time necessary for the spouse seeking maintenance to acquire the necessary skills or education to find appropriate employment.
• The duration of marriage.
• The physical and mental condition of the spouse seeking maintenance or support.
• The age of spouse seeking maintenance or support.
• The employment history of the spouse seeking maintenance or support.
• The extent to which a partner is able to provide support to the one seeking it.
• Acts by either partner that results in excessive expenditure.
• The contribution of one partner to the education, training or the increased earning ability of the other.
• The property brought to the marriage by either partner.
• The contribution of a spouse as a homemaker.
• The marital misconduct of the spouse seeking support or maintenance.
• The efforts of the spouse seeking maintenance to pursue available employment counseling.