The 5 Most Important Texas Divorce Laws That You Need to Know

Do you want to know how to file for divorce in Texas?

When you first married and made the decision to spend the rest of your life with another person, divorce wasn’t even on the radar. But there are instances where divorce is the only feasible solution, and you find yourself having to get divorced.

Deciding to end your marriage is never easy. But if you’re fully aware of all the Texas divorce laws that apply to your situation, your divorce will go as smoothly as possible.

To help you reduce the stress of your pending divorce and make the process run as smoothly as possible, here are several of the more important Texas divorce laws. 

1. Child Custody and Support

In Texas, the court presumes that joint managing conservatorship—i.e., Absent a contrary finding, sharing parental duties, and decision-making is in the child’s best interests. As part of the divorce process, the court will issue an Order for Possession and Support detailing the child custody arrangement, including which parent will have primary custody and the visitation schedule.

Courts calculate child support in Texas based on the non-custodial parent’s net income, and courts have wide latitude in determining the amount. If circumstances change, such as a job loss or a change in income, either parent may petition the court to modify the child support order. Visit thetexasdivorcelawyer.com if you are considering a divorce in Texas.

2. Alimony

In Texas, alimony is typically only awarded in marriages that have lasted at least ten years. The payments are intended to assist the lower-earning spouse in maintaining their standard of living during the marriage. The amount and duration of payments are determined on a case-by-case basis, taking into account the couple’s financial situation and each spouse’s earning potential.

3. Property Division

Property division divorce laws in Texas have a basis on the “community property” principle, which states that all property and debts acquired during the marriage with consideration are jointly owned by both spouses and will be divided equally in a divorce.

4. Parenting Time

Courts usually grant divorced parents in the Texas joint managing conservatorship of their children. This means that both parents have equal rights and duties for their children, including the right to make decisions about their welfare, education, and medical care. However, the court can award one parent sole managing conservatorship if it finds that this is in the child’s best interest.

5. Divorce Process

Before filing for divorce, you must have lived in the state for at least six months. The court must file your divorce petition in the county where you or your spouse reside.

Furthermore, Texas is a no-fault state, which means you do not need to prove anything wrong with your spouse to get a divorce. You must also divide your assets and debts equitably between you and your spouse with the help of a Texas divorce lawyer.

Know These Texas Divorce Laws

If you are considering a Texas divorce, it is essential to know the five most important laws that could affect your case. These laws include the grounds for child custody and support, property division, alimony, parenting time, and the divorce process. Consulting with an experienced divorce attorney can help you better understand how these laws may apply to your situation and what you can do to protect your rights.

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