What Major Issues Arise in a Texas Divorce Case?
Each divorce is different depending on the nature of the marriage. Nevertheless, several issues commonly arise in a Texas divorce:
Grounds for Divorce
In Texas, divorce can be granted on grounds of fault or no-fault. Most divorces are no-fault based on the grounds of insupportability, which means that the relationship is no longer supportable—as determined by either spouse. Nearly any conflict that makes reconciliation unfeasible can sustain insupportability. Fault, on the other hand, must be based on adultery, cruelty, felonious conviction, abandonment, separation of at least three years, or confinement in a mental health institution. While the court isn’t required to factor fault into a case, it certainly may.
To obtain a Texas divorce, one of you must have lived in Texas (with the intent to stay indefinitely) for six months and have been a resident of the county where your divorce was filed for three months.
Property and Debt
In a Texas divorce, all property—including real estate and personal property—is divided into either separate or community property. Generally speaking, community property must be divided between the spouses as part of the divorce judgment. The divorce process will determine the distribution of assets and debt that you’ll receive.
The state of Texas can award spousal support—also called alimony—which involves one spouse making payments in support of the other. In Texas, spousal support is relatively limited, and recipients must prove the inability to support themselves.
Your children are obviously your priority, and custody is one of the principal concerns in any divorce involving children. Your divorce settlement will contain orders that determine the custody, possession, and support of your shared children who are younger than 18.
In Texas, the legal post-divorce relationship between parents and their children is referred to as conservatorship of the children. Conservatorship allows a specific set of rights and responsibilities:
- The right to make major decisions, including healthcare and education, for the children
- The right to keep physical possession of the children
- The responsibility of supporting the children financially
- These rights and responsibilities are divided between the parents upon divorce.
There are two different types of conservatorship: the managing conservator and the possessory conservator. This distinction can be confusing, because the managing conservator typically is the parent with primary custody of the children. The possessory conservator, on the other hand, is allowed some possessory rights to the children. Furthermore, the managing conservator can be either sole or joint, and the law presumes that implementing joint managing conservators (both parents)—whenever possible—is best for the children involved. Custody decisions can be very complicated, and you always need an experienced Texas divorce attorney on your side.
Contact a Katy, Texas, Divorce Lawyer for Help
If you are facing a Texas divorce, protect your parental rights and your assets by contacting a skilled Texas divorce attorney. The Vendt Law Firm, P.L.L.C., is committed to helping you effectively resolve your divorce as advantageously as possible. To schedule a consultation, call our office today at (832) 276-9474 or send us an email through our online contact form.