Spouse must be a resident for at least six months and was residing in the County in which the petition is filed for at least 90 days. The divorce petition has been filed with the District Court of the county where either party lives. [Based on Texas statutes; Family code, chapter 6301].LEGAL GROUNDS FOR DIVORCE:
The petition on both sides of a marriage, the Court may grant a divorce without regard to fault on the basis of irreconcilable differences. Divorce can be granted on the basis of the following error: (1) cruelty, adultery (2), (3) conviction of a felony, neglect (4) (5) the confinement in a mental hospital, apart without cohabitation for at least 3 years of life (6). [Based on Texas statutes; Family code, chapter-through 6007]LEGAL SEPARATION:
Texas does not have specific provisions for a legal separation, but allows you to temporary orders be submitted at the time that the divorce is filed. In cases where the parties have filed for a divorce or annulment, the spouses may enter into a written agreement concerning the Division of property and liabilities of the spouses and maintenance of the spouses. This agreement may be revised or rejected prior to delivery of the divorce or annulment unless the agreement is binding to another rule of law. [Based on Texas statutes; Family code, chapter 7006]PROCEDURES SIMPLIFIED OR SPECIAL DIVORCE:
The written agreement of the parties, the Court may refer a suit for dissolution of a marriage to arbitration (the agreement must state whether arbitration is binding or binding), mediation, or carried out under collaborative law procedures.
The written agreement of the parties or on motion of the Court, the Court may refer a suit for dissolution of a marriage of mediation. [Based on Texas statutes; Family code, chapter 6601, 6602, 6603].REQUIREMENTS OF ADVICE OR MEDIATION:
While a divorce suit is pending, the Court may direct the parties for advice. The counselor is only an opinion if there is a reasonable expectation of reconciliation of the parties and, if so, whether any further advice would be beneficial. If the Court finds that there is a reasonable expectation of reconciliation of the parties, the Court may, by written order to continue the proceedings and direct the parties to a person named by the Court for further advice for a period fixed by the Court must not exceed 60 days, subject to any terms, conditions and limitations, that the Court considers desirable.
If the judge orders advice in this section and the parts of the marriage are the parents of a child under 18 years of age born or adopted during the marriage, the advice include advice on issues that deal with children who are the subject of a suit affecting the parent-child relationship. [Based on Texas statutes; Family code, chapter 6505]DISTRIBUTION OF PROPERTY:
Texas is a State owned community. In a divorce or annulment, the Court must order a division of the estate of the parties so that the Court deems just and right, with respect for the rights of any party and for the children of the marriage. Properties that would be considered matrimonial property (whether acquired in the State or not) is subject to Division. Property would be considered separate property (whether acquired in the State or not) is not subject to Division.
In a divorce or annulment, the Court shall determine the rights of both spouses in a pension, retirement plan, annuity, individual retirement account, stock option plan, stock options or other form of savings, earnings, bonuses, or other employer plan or financial plan of an employee or a participant, regardless of whether the person is autonomous, compensation or savings. In a divorce or annulment, the Court must specifically split or grant rights to each spouse in an insurance policy. [Based on Texas statutes; Family code, chapter 7002, 7003 and 7004]FOOD SUPPORT/MAINTENANCE/DOMESTIC:
The Court may order the maintenance for spouses, only if:The spouse is able to support himself or herself through appropriate employment because of an incapacitating physical or mental disability. Is the custodian of a child of the marriage of all ages that requires great care and personal supervision because a physical or mental disability that makes it necessary, taking into account the needs of the child, that the spouse is not employed outside the home. Clearly lacks earning capacity in the labor market adequate to provide support for spouse's minimum reasonable needs.
Home maintenance/support is based on:The financial resources of the spouse seeking maintenance, including community and separate property and liabilities allocated to that spouse in dissolution proceeding and that spouse's ability to meet the needs of the spouse independently. The skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance find suitable employment, the availability of this education or training and the feasibility of this education or training, education and employment. The duration of the marriage. The age, employment history, earning capacity and physical and emotional condition of the spouse seeking maintenance. The ability of the spouse from whom maintenance is required to meet the personal needs of the spouse and to provide periodic child support payments, if applicable, and the personal needs of the spouse seeking maintenance. Serves as spouses, resulting in excessive or abnormal expenditures or destruction, concealment or fraudulent disposition of community property, joint tenancy, or other property in common. The comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits and the separate property of either spouse. The contribution of one spouse to the education, training or be able to earn more than the other spouse. The property brought to the marriage of the spouses. The contribution of a spouse as homemaker. Marital fault of the spouse seeking maintenance. The efforts of the spouse seeking maintenance to pursue employment counseling available.