Divorce in Texas | Texas Divorce Forms

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Requirements For Residency In The State Of Texas

Condition for Residency

It is essential for either of spouses to be resident of Texas for 6 months before filing the case. He or she must also be resident in the county where the divorce case has been filed. Further, there is a waiting period of 60 days.

Reasons for the Divorces

Texas considers general as well as no-fault based reasons for the hearing of divorce cases. But, it is mandatory for both of spouses to agree with the reasons mentioned in the case and must validate them later on. Following are the major reasons that are being observed in Texas.

If spouses are living separate for three years without any cohabitation.
Any irrecoverable damage to the relationship without any intention of either of spouses.
Ignorance.
Disloyalty.
Conviction to a crime and jail.
Humiliation and inhuman behavior.

Principle of Child Custody

Texas always prefers the joint custody of the child for the best nurture. However, if this decision is unable to be made, then it gives the custody to either of parents on the basis of following factors:

Basic as well as extraordinary needs of the child.
Age and health conditions of the child.
Circumstances of child as well as that of parents.
Best solution for the development of the child.
Priorities of the parents and their interests for the welfare of child.
Flexibility by either of the parents to enter open relationship for the free and frequent meetings of child and other parent.
Geographic locations of both parents and society where the child is living in.
Desires of parents and will of child.

State may require an agreement from the parents in case of joint custody that includes:

The rights and duties of each parent.
The oath to provide the child with free and uninterrupted environment.
The best interest of child.

Rules for Property Distribution

This state follows the principles of "community property". This does not include the division of following:

Personal property of spouses.
Gifts received during or before the marriage.
Inheritances.

It includes only the marriage property in the process of division and divides it into two equal halves. This division can be requested to reassess if it seems to be unjust for either of spouses. In this division of property, no sex differences or any other factor is given more importance than the equal rights of both parties.

Rules for Spousal Support

Courts in Texas can order for the spousal support if:

The payer has convicted to the domestic violence.
The duration of marriage is more than 10 years.
Disability.
Employment and monthly income.
Education and skills of both spouses.
Age and health conditions.
Financial standings of both spouses.
Marital misconduct.

Child Support Guidelines

Either of parents or both may be ordered to pay for the child support on the basis of following factors:

Needs and expenses of the child.
Separate income of the child.
Custody of the child.
Expenses required for the education as well as skills of child.
Financial position of both the parents.
Monthly income of both of them.

Court can demand for the guaranteed or security instruments for the payments of child support.

Mediation In Case Of Divorce

Courts in Texas do their best to keep the family united and happy. For this reason, it offers mediation facility to the couple and also takes the observations of the official counselors into account. It may prolong the case for 60 days until the counselor clearly says that the couple is not going to be reconciled in any way. Request for the mediation can also be made by either of spouse.

Filing Pro Se Divorce

There is no need of a lawyer when applying for divorce in the state of Texas. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce. Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Texas, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.

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