What to Know About Divorce in Texas

In Texas, you can file for divorce on either fault or no-fault grounds, so it’s important to work with a divorce lawyer in The Woodlands who understands both processes. Filing for divorce based on fault grounds may be advantageous when it comes to dividing marital property or assigning alimony. However, filing for no-fault divorce allows you to negotiate the end of your marriage without assigning blame or fault.

Property division
Before meeting with a lawyer about your divorce claim, you need to ensure you meet the Texas residency requirement for divorce. This means that either you or your spouse must be Texas resident for at least six months prior to filing for divorce. Texas is a community property state, meaning that all income and property acquired during your marriage is considered marital property. At divorce, you and your spouse equally own the property, so division among you and your spouse is equal.

Child custody
In every state, the court presumes that frequent and continuing contact with each parent following divorce is in the child’s best interests. As a result, judges support joint custody agreements whenever possible. However, depending on the circumstances of your case, a judge may allocate custody differently. If you are considering asking for primary custody, you should discuss your options with a family lawyer.

Child support
Following divorce, both you and your spouse are required to financially support your child. However, the exact amount of child support depends on each of your incomes, financial resources, and time spent with the child. Sometimes, a court will assign a higher income requirement if one parent has the capacity to earn more than he or she is currently earning. A child support attorney can help you calculate your potential child support obligations following divorce.

Spousal maintenance
In Texas, a court may award spousal support if you are unable to earn enough income to provide for basic needs, you were married more than 10 years or you have custody of a child who requires special care. However, you need to provide evidence that you made a good faith effort to earn an income.