Divorce Guide

Divorce Guide

Texas Divorce Rights

A person in order to file a divorce case in Texas has to be a resident of the state for a continuous period of six months, immediately preceding the petition. Also, in order to exercise his/her Texas divorce rights, the petitioner has to be a resident of the county for a period of ninety days, where the petitioner files the petition.

Texas divorce rights are based on Texas statutes and family code. The divorce rights of the state recognize some of the legal grounds which could be sought in order to file a divorce petition. Irreconcilable differences occurred between the spouses which are not expected to be resolved; divorce in such cases is found to be inevitable. Some of the grounds which are considered fault grounds by the court are cruelty, abandonment, adultery, mental illness, conviction of felony, separate habitation and other related factors.

Legal separation in Texas is a unique provision in Texas divorce rights which could be sought a petitioner. Texas divorce rights do not infact have concrete provisions for legal separation, it however allows a divorce wherein the spouses have entered into an agreement regarding the division of property. Based on the Texas statutes and family code, court can either revise or reject the written agreement reached between the two parties at any stage of the case.

Collaborative law procedures are some of the simplified divorce procedures mentioned in Texas divorce rights which have the authority of the two parties wherein the court conducts an arbitration and mediation program. The arbitration and mediation program could be initiated only after the written agreement of the two parties.

Mediation and counseling program is another such provision in Texas divorce rights. This provision also provides for a mediation program between the two parties, but in this counseling program, the court directs a counselor to inquire into the possibilities of any reasonable chances of reconciliation. The counseling program in no case can exceed a period of sixty days. Texas divorce rights are very particular about the child welfare if the case involves a minor child. This counseling program is very beneficial for children and also resolves some pending issues of parent-child relationship.

Texas divorce property distribution

Texas is a state which is recognized as community property state by Texas divorce rights. The principle of community property states that the property acquired by the couple during the marriage period would be distributed equally between the two parties. The estate which is considered a separate property of the individuals involved would not be divided.

Spousal support or alimony award would be provided only where the court considers it to be necessary. Spousal support would be awarded only if the spouse is considered unable to support himself/herself or if he/she has gained the custody of the child. Financial resources, education, employment skills, tax consequences are some of the other factors which influence the decision of the court while deciding on the issue of alimony award and child custody.

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