In addition, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days. In Texas, a divorce cannot be final for at least 60 days after the petition is filed. The divorce is final as soon as the judge pronounces it so in open court and signs the decree of divorce. If the spouses are not in agreement, it typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict. Texas law allows for "no-fault" divorces. However, if one spouse is at fault for the breakup of the marriage, the court may take that into consideration in determining what is an equitable fair division of the couple's property.
For that reason, you may want to include fault grounds in your petition for divorce.
The statutory grounds for a fault divorce are: adultery, cruel treatment that renders further living together insupportable , abandonment for at least one year with the intent to abandon , long-term incarceration more than one year , confinement to a mental hospital for at least three years, or living apart for at least three years.
For a no-fault divorce, your petition alleges "insupportability," which is defined as discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. The court starts with a presumption that all the property earned or acquired by either spouse during the marriage is community property, owned equally by the spouses.
If you have separate property you have to prove it by tracing it with "clear and convincing evidence. For example, you might show that you inherited some money from your grandmother and always kept it in a separate account with only your name on it.
The court divides community property between the spouses in a "just and right manner. In some cases, however, factors such as unequal earning power and fault in the marital relationship can affect the division of property. To learn more, see Dividing Marital Property in Texas. To get a general overview of distribution of property in a divorce, see Division of Marital Property in a Divorce. Courts may issue orders awarding temporary spousal support if one spouse is unemployed or earning significantly less than the other. There are no guidelines for temporary spousal support, so if you're seeking support, you should be prepared to show what your needs are and what resources your spouse has to meet those needs.
If a spouse qualifies for maintenance under the second requirement, the term can be indefinite.
Whatever you call it, it's a major issue for many divorcing couples. To see the basics of how alimony works, see Alimony and Spousal Support Laws. To find out how maintenance is determined in Texas, see Understanding and Calculating Alimony in Texas. Under federal law, you might be entitled to keep your medical insurance benefits under your former spouse's group plan. The Consolidated Omnibus Budget Reconciliation Act of created what are commonly known as COBRA benefits, which are available to the former spouses of people who work for employers who have 20 or more employees.
In general, this law provides that employers must offer "continuation coverage" for the first three years after the termination of the marriage. To obtain COBRA benefits, contact your former spouse's employer directly and request the appropriate forms.
You must file your application with your spouse's employer no later than 60 days after the termination of your marriage. If you miss that deadline, you will not be able to get these benefits. If you are thinking about geting divorced in Texas, or are already in the midst of a divorce, empower yourself with the information you need. If you need legal advice about your case, you'll want to find a Texas Divorce Lawyer.
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To file for a divorce in Texas, one of the spouses has to have been a resident of the state Featured Divorce Law Firms In San Francisco, CA Change Location. Comprehensive overview of Texas divorce laws, with grounds, annulment, property division, maintenance, child support & custody & state resources.
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Before you can successfully pursue a divorce, you must first have grounds to do so. Grounds can either be agreed upon by the parties seeking the divorce or one of the parties must prove the divorce grounds to the court. Grounds for divorce include:. Divorce can touch every aspect of your life and our firm is equipped to resolve all of them, including child custody, child support, spousal support and property division.
To learn more, see divorce and family law. In recent years, Texas divorce laws have been changed to remove the concept of economic contribution. Economic contribution provided spouses who contributed to their spouse's separate property a fair share of the investment, including appreciation.
For example, if a spouse contributed in some way to a real estate asset that appreciated during the marriage, the contributing spouse would receive more than the dollar amount of his or her original contribution. Now, that contributing spouse would be reimbursed for the exact dollar amount he or she originally contributed without accounting for interest. In the past, health insurance was a key factor in property division due to the need for making sure a spouse who was not working during the marriage will be able to obtain insurance.
You can rely on our firm to keep abreast of the impact of the law and to do everything in our power to make sure you have the resources you need to be successful after your divorce.
For more information on divorce laws and how we can help you protect your rights and property, contact us today for an initial consultation. Laura Dale the best Family Law attorney I have ever met Posted by John Listens, takes your calls, tells you the truth even when it may not be what you want to hear Read More. The Best Posted by a Child Custody client