In Texas divorce may be sought on the basis of no-fault or fault. A party can seek a no-fault divorce on the basis or irreconcilable differences. A party may also seek a divorce based on fault under Texas Family Code Chapter 6 if the party can show:
- Cruelty
- Adultery
- Conviction of a felony
- Abandonment
- Confinement in a mental hospital
- Living apart without cohabitation for at least 3 years
Property -Texas divorce
Texas is a community property state. This means that there is a presumption that all property earned or acquired be either spouse during the marriage is owned equally by both spouses. Separate property is not divisible as community property, but if one party wants to avoid a 50-50 split of the property he or she would have to show clear and convincing evidence that the property was kept separate and never commingled with community property. Additionally, Texas courts will take into consideration the at-fault spouse’s actions when dividing property.
Spousal maintenance – Texas divorce
Spousal maintenance is limited to 3 years unless the party seeking support cannot obtain appropriate employment due to disability, has duties as a custodian of a young child or other compelling impediments to gainful employment. Additionally, spousal maintenance is limited to less than $2500.00 or 20 percent of the spouse’s average monthly gross income, per Texas Family Code Chapter 8.051-8.056. Spousal maintenance is based on:
- Duration of the marriage (whether or not it was more or less than 10 years).
- The financial resources of the spouse seeking maintenance.
- The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, the availability of that education or training, and the feasibility of that education or training.
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
- The ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs and to provide periodic child support payments, if applicable, while meeting the personal needs of the spouse seeking maintenance.
- The comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and the separate property of each spouse.
- The contribution by one spouse to the education, training, or increased earning power of the other spouse.
- Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common.
- The property brought to the marriage by either spouse.
- The contribution of a spouse as homemaker.
- Marital misconduct of the spouse seeking maintenance.
- The efforts of the spouse seeking maintenance to pursue available employment counseling.
Child Custody
The court focuses on the best interest of the child when determining child custody. Texas courts use the following to determine custody under Texas Family Code Chapter 153:
- The physical, psychological, or emotional needs and development of the child.
- The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest.
- Whether each parent can encourage and accept a positive relationship between the child and the other parent.
- Whether both parents participated in child rearing before the filing of the suit.
- The geographical proximity of the parents’ residences.
- The child’s preference, if the child is 12 years of age or older.
- Any other relevant factor.
Texas courts may order child support until a child is 18 years of age or graduates from high school (whichever occurs later) or for an indefinite period if the child is disabled.
You can check our Guide for divorce mediation to get more information.
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