Grounds for Divorce
- There are two categories that describe the grounds for divorce in Texas--fault and no-fault. For a no-fault divorce, one or both parties agree that the marriage has become intolerable because the spouses can no longer live together due to a conflict in personality or ideals. Fault grounds for divorce include abuse inflicted on one spouse by another; a fault divorce can also be filed if one spouse has been convicted of a felony. To file for a divorce, no matter the grounds, a Petition for Divorce must be submitted to the Texas courts.
Division of Property
- Texas is a community property state; community property includes all items and debt that was acquired during the marriage. It is advisable for spouses to reach an agreement on their own concerning who will be received certain property. If a decision can not be reached, the Texas courts will split the assets between the two parties equally. Items that fall in the community property category can include land that one spouse purchased while legally married, or income that was generated from the property during the course of the marriage.
- When a couple decides to end their marriage in Texas, one spouse may be awarded alimony or spousal support. Again, both parties are advised to come up with a solution concerning how spousal support will be submitted to the receiving spouse. If the matter can no be settled, a Texas judge will give the order for spousal support based on factors such as how long the couple have been married and the health status of the spouse seeking support. The judge will also research the case to verify whether the spouse who will be receiving support has tried to find adequate employment, and to confirm that the receiving spouse made a significant contribution to the marriage as a homemaker.
- Texas courts will do everything possible to ensure that parents reach a peaceable agreement concerning the custody of their children in the event of divorce. Joint custody is quite common, meaning both parents are responsible for determining the child's well-being in terms of schooling and health care. Parents often enter a written agreement outlining the terms of custody that has to be signed by the judge. If the agreement does not serve the child's best interests, parents may be asked to revise the agreement and have it certified by the courts. In some cases, children over the age of 12 may be asked for their input concerning custody arrangement.
- There are also special regulations associated with getting a military divorce in Texas. If one or both spouses are serving in the military, both parties must be residing in Texas at the time the divorce is filed. The spouse serving in the military must also be stationed in Texas for the divorce proceedings to get under way. For the Texas courts to have jurisdiction over the active military spouse, the spouse must be served with a summons and copy of the divorce action in person. The grounds for a military divorce are the same as for a civilian divorce.