If you reside in Texas and are considering getting a divorce there are several things you should know as it concerns divorce proceedings in Texas. There are some practices peculiar to that you must take note of if you are sure you want to part ways with your partner.
One very important thing to note is that you must have lived in Texas for not less than 6 months and lived in the country you are filing the divorce for at least 90 days.
If there is an agreement between you and your spouse to divorce you can use a stipulation document to request a divorce. However, you can still file for divorce if one partner doesn’t agree.
If there is a major disagreement with your spouse all you need do is specify in your divorce papers that your marriage is unable to continue or ‘insupportable’. This means that you both cannot agree and you expect this disagreement to continue into the future.
Contact a divorce lawyer Sugar Land TX once you are ready to set your divorce in motion. Your lawyer will help you file a petition at the Family Law District Court.
Is there a divorce trial in Texas?
If both parties come to an agreement about issues like child support, division of properties, and every other important issue surrounding your divorce then a trail will not be necessary.
However, if both parties are unable to reach an agreement or only one spouse files the petition for divorce then the court will serve the petition to the other party.
If the court has to decide on major issues surrounding the divorce then a hearing will be scheduled. The court may also decide on issues such as responsibility for joint debt before the divorce is finalized and temporary custody and child support arrangement.
How Texas Court Decides on Divorce Details
Where applicable, the Texas court will evaluate and rule on some components of your divorce including:
- Child Custody and Visitation Rights: Texas courts always focus their decisions on the child’s best interest and this typically leads to joint custody unless one parent can present a valid reason why joint custody shouldn’t be approved.
- Child Support: child support in Texas ranges between 20% and 40% of the paying parent’s net income as well as other resources. It is also calculated based on the number of children in the family.
- Alimony: the court awards alimony or spousal support based on several factors including the financial resources and needs of each spouse, the marriage duration, as well as the financial responsibility of each spouse.
- Property: Texas is a community property state which means that partners jointly own properties. In the case of divorce, the court is most likely to divide all properties, assets, and debts equally between both parties
Divorce processes are never easy even in states such as Texas that has policies to make the process easier. However, one great thing about filing for divorce in Texas is that one party can sue for divorce without the other partner in the agreement.
If you want a smooth divorce process reach out to a local divorce attorney to guide you through the process and achieve your desire.