Need
a Family Lawyer? Click Here
 You've
arrived at this page because you're looking for
some answers about the divorce process in Texas,
right? The good news is that your child will be
protected financially. The bad news is if you're
looking for long-term alimony, you'll likely be
disappointed. Take a deep breath though. If nothing
else, we'll give you some answers and ease your
anxiety. If you're having a tough time coping,
perhaps you should view
this page first.
Child Support
Texas divorce
statutes provide that in cases where a marriage
annulment or marital annulment is sought, and
there are children of the marriage, that those
children be afforded the same rights, protections
and parental financial support, including that
the children are not considered illegitimate offspring
of the parents, that other children of the state
receive. If a marriage separation (sometimes referred
to as a marital separation or legal separation)
has been decreed, the court may make such further
orders for the support and maintenance of either
spouse and for the support, maintenance, and education
of minor children, by either spouse, or out of
the property of either spouse, as the court deems
appropriate.
| Q |
Texas
divorce laws have set percentages that
must be taken from parental income. What are they? |
| Q |
For
how long does child support have
to be paid? Is the age 18 at which time it ends? |
| Q |
Do
state laws mandate that medical
coverage or health insurance for family members
be continued after the divorce is final? |
| Q |
How
us child support calculated for Texas
residents? |
| Q |
How is
child support supposed to be paid? |
| Q |
My
ex plays games, and denies me visitation or parenting
time. Can I withhold payments because
she is in contempt of court? |
| Q |
How
long do Texas divorce laws require child support
to be paid? |
 |
| Q. |
Texas
divorce laws have set percentages that must be
taken from parental income, tight? What are they? |
| |
|
| A. |
In situations
in which the payer nets $6000 per month or less,
following guidelines will be applied: 1
child 20%, 2 children 25%, 3 children 30%, 4 children
35%, 5 children 40%, 6 children not less than
40%. These
are applied to gross income. |
|
|
| Q. |
For how long
does child support have to be paid? Is the age
18 at which time it ends? |
| |
|
| A. |
Texas divorce
statutes specify the following: 1. until the child
is 18 years of age or until graduation from high
school, whichever occurs later; 2. until the child
is emancipated through marriage or by court order,
3. until the death of the child; 4. if the child
is disabled for an indefinite period; 5. the child's
adoption; 6. the child's 18th birthday or graduation
from high school, whichever occurs later; 7. removal
of the child's disabilities of minority by court
order, marriage, or other operation of law; or
8. the child's death. |
|
|
| Q. |
Do state
laws mandate that medical coverage or health insurance
for family members be continued after the divorce
is final? |
| |
|
| A. |
In most
cases health insurance coverage is ordered to
continue, often paid by individual earning the
higher income. Medical insurance for a spouse
is often terminated with the dissolution of the
marriage unless that parties have negotiated it
to continue, or the judge orders continued coverage. |
|
|
| Q. |
How is
child support calculated for Texas residents? |
| |
|
| A. |
Texas like
other states uses Child Support Guidelines found
in Texas Family Code, a.k.a. Texas divorce laws.
Child support is calculated by multiplying the
proper percentage by the paying parent's net income.
The net income is determined by subtracting 5
items from the parent's gross income. Those 5
items are: federal
income tax, social security taxes, state income
tax, any union dues and health insurance premiums
for the children. |
|
|
| Q. |
How is
child support supposed to be paid? |
| |
|
| A. |
In nearly
every case Texas courts will order child support
to be paid directly to State Disbursement Unit
and then on to its destination. To encourage payment
to the State Disbursement Unit, Texas divorce
laws require that any payment not made according
to the court order be considered 'gifts' and not
credited toward one's child support obligation. Most
court orders include a wage assignment, making
this issue moot, but all other payments that qualify
as child support should go through the SDU. |
|
|
| Q. |
My ex plays
games, and denies me visitation, or parenting
time. Can I withhold child support payments because
she is in contempt of court? |
| |
|
| A. |
Absolutely
not. You must continue to pay child support, and
have the option of bringing an enforcement action
against her. |
|
|
| Q. |
How long
do Texas divorce laws require child support be
paid? |
| |
|
| A. |
Child support
in Texas must be paid until each child reaches
the age of 18, unless the child is still in High
School, in which case child support will be paid
until the child graduates from High School. |
|
|
|
Back to
Top↑
|
 |
 |
|
Lawyer Advertising
Child Custody
| Q. |
What is the difference
between the terms "child custody" and "conservator
ship". |
|
|
| A. |
Texas divorce
statutes use the term "conservator ship" instead
of custody. The terms are interchangeable. |
|
|
| Q. |
How
does Texas treat "conservator ship"?
Which parent is likely to get physical custody
of the children? |
|
|
| A. |
The parties have the
opportunity to agree on a parenting schedule,
but if they are unable to agree, the court will
intervene and impose custody particulars. In the
absence of any abuse or unfit parenting, Texas
divorce statutes presume that awarding joint custody
("conservator ship") is in the best
interest of the child. Despite laws stating there
should be no gender bias when awarding custody,
courts award custody to Mothers in over three-quarters
of all cases |
|
|
| Q. |
Many states
will consider a child's preference as to which
parent he or she wishes to live with. Is there
such an age in Texas law? |
|
|
| A |
Texas courts
may consider a child's wishes at age 12, but are
not obligated to the preference. |
|
|
| Q. |
When would I
need a child custody order? |
|
|
| A. |
If you're currently
married and in the process of divorce or separation,
you would need a custody order. |
|
|
| Q. |
Any suggestions
on what we might include in a visitation (parenting)
agreement? |
|
|
| A. |
We would recommend
you consider including language that defines which
parent will pick up and drop off children, what
each will do if one parent becomes habitually
late, a provision for the right to be called first
if the parent caring for the children needs to
make other arrangements such as finding a sitter,
and how much much exposure they'll want for their
children should a new partner enter either parents
life. Issues such as having those new partners
stay overnight should be decided. Any other matters
that would reduce the friction in the future. |
|
|
|
Back to Top↑ |
|
 |
|
Visitation/Co-Parenting
| Q. |
Can
us parents determine what the visitation (parenting)
agreement says and permits, or must we accept
the court's? |
|
|
| A. |
If you
and your spouse can agree, you can submit it to
the court, and if it meets the "best interest
of the child" principle and is lawfully permitted
in Texas, the court may very well incorporate
the agreement into the divorce |
|
|
| Q. |
What's a visitation
or possession order? |
|
|
| A. |
A Visitation
or possession order is an order giving a standard
or default set of dates and times for a non-possessor
conservator to have access to the child. That
will often involves: alternate weekend visitation
(3-day weekends included), mid-week visitation,
sharing of the children during periods of school
recess -winter, spring and summer, New Year's
Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving,
and Christmas with one parent or the other in
alternate years, Father's Day with Father, Mother's
Day with Mother, alternate years on the children's
birthdays, and open communication by phone and
computer. If the parties live within 100 miles
of each other the non-custodial parent is entitled
to 30 days during the summer. If the parties reside
more than 100 mile apart the non-custodial parent
gets 42 days. The party not entitled on the child's
birthday will receive several hours on that day. |
| |
|
Back to Top↑ |
|
|
|
Alimony/
Maintenance/ Spousal Support
| Q. |
Do
Texas divorce laws permit alimony (also known
as spousal support or maintenance)? |
|
|
| A. |
Texas uses
the term maintenance in place of alimony.
In most cases benefits are limited to three years
as it is designed as a temporary rehabilitative
measure. If you are a spouse who agreed to care
for your children while your mate earned the income
outside the home, you'll find this provision particularly
annoying. In many cases this greatly delays divorce
recovery in Texas. |
|
|
| Q. |
I'm told maintenance
or alimony is only awarded in two limited scenarios.
What are they? |
|
|
| A. |
To qualify
for alimony 1. a spouse must be one who has been
married for a minimum of 10 years and cannot support
themselves. may qualify for maintenance. 2. situation
that would include family violence in which a
spouse is convicted during the filing. |
|
|
| Q. |
What factors
do the courts consider when determining an award
of maintenance? |
|
|
| A. |
Factors the courts
will use in maintenance determinations include:
1. the financial resources of the spouse seeking
maintenance, the education and job skills of the
spouses; the length of the marriage; the age,
employment history, earning ability, and health
condition of the spouse seeking maintenance; 5.
the ability of the spouse from whom maintenance
is requested to meet that spouse’s personal
needs; 6. the dissipation of any marital assets;
7. the financial resources of the spouses; 8.
the contribution by one spouse to the education
or earning capacity of the other; 9. any pre-marital
property; 10. the contribution of a spouse as
homemaker; 11. any marital misconduct of the spouse
seeking maintenance; and 12. the efforts of the
spouse seeking maintenance to pursue available
employment counseling. |
|
|
|
Back to Top↑ |
|
 |
|
Grounds
For Divorce
| Q. |
What grounds for
divorce are accepted by Texas courts? |
|
|
| A. |
A petition for divorce in
Texas can contain one of two specified grounds,
Fault or No-Fault. Fault based grounds include:
1.) Mental Cruelty; 2.) Adultery; 3.) Imprisonment
or Conviction of a felony; 4.) Abandonment; 5.)
Living Separate and Apart and 6.) Insanity and
confinement to a state mental hospital. No-fault
based grounds: the marriage has become unsupportable
because of discord or conflict of personalities
that destroys the legitimate ends of the marital
relationship and prevents any reasonable expectation
of reconciliation. |
|
|
|
Back to Top↑ |
|
 |
|
Marriage
Annulment
Marital Annulment
| Q. |
I've read that
Texas divorce laws make successful marriage annulment
petitions less likely than annulment attempts
in other states. What kind of marriages can receive
a Texas annulment? |
| |
|
| A. |
Your marriage must be
such that it is void or voidable. Void marriages
are marriages that never could have been, and
voidable marriages are marriages that never should
have been. |
| |
|
| Q. |
Please describe
what conditions can be grounds for a marital annulment
of void marriages in Texas? |
| |
|
| A. |
There are only
two 'grounds' for annulment that Texas courts
will allow upon petition for void marriages. Consanguinity-
you can request an annulment if you and your spouse
are too close as relatives, and Bigamy- if your
spouse was married to someone else when he/she
married you. |
| |
|
| Q. |
Please describe what conditions
can be grounds for annulment of voidable marriages
in Texas? |
| |
|
| A. |
Marriage under the age of
14, being under the influence of alcohol or drugs,
Impotency, Fraud & Duress, or Mental Incapacity
are all grounds for an annulment |
| |
|
| Q. |
Can one get a separation first
before filing a petition for annulment? I'm undecided
about what to do |
| |
|
| A. |
In theory, one could get a
marital separation before applying for an annulment,
but the courts might frown on the indecision.
If the marriage needs to be dissolved, go straight
to an annulment. |
|
|
Back
to Top↑ |
|
|
 |
|
Marriage
Counseling/
Meditation
| Q. |
Are
there provisions for mediation or marriage counseling
in Texas divorce laws? |
|
|
| A. |
There are no
mandatory mediation procedures, although you can
be take advantage of these healing tools when
appropriate. |
|
|
|
Back to Top↑ |
|
 |
|
Legal
Separation/
Marital Separation
| Q. |
Is
Legal Separation recognized by Texas divorce laws?
Is that also a marital separation? |
|
|
| A. |
The action is
usually referred to as "separate maintenance" where
the couple reside apart but are still legally
married. A Legal Separation typically resolves
property distribution and child support and custody
issues without ending the marriage. Most states
have some form of legal separation, however, Texas
does not. In Texas, temporary orders concerning
marital issues can be granted while a divorce
is pending, but there is no provision for an indefinite
legal separation. |
|
|
| Q. |
Since doesn't
recognize or accommodate legal separations, and
I want to maintain health benefits I am using
as a married person, what are my choices? |
|
|
| A. |
If you aren't divorced yet,
you can petition the court and request alimony
(a.k.a. spousal support) and have included in
the order of maintenance enough funds to cover
health insurance premiums when you are single. |
|
|
| Q. |
Our marriage didn't last three
months before I found out I was lied to. I believe
the dishonesty qualifies for an annulment. Can
I get a legal separation while I decide if I want
an annulment or not? |
|
|
| A. |
We would suggest going straight
to the marriage annulment. A separation may look
indecisive, and remember that you must convince
the court you were tricked or lied to. Delaying
it may look bad. |
|
|
Back
to Top↑ |
|
|
 |
|
Waiting
Period
| Q. |
Are
there any waiting periods associated with dissolution,
separation or annulment petitions? |
|
|
| A. |
Texas divorce
statutes set a minimum 60-day waiting period after
filing before a divorce can be granted. |
|
|
Back to Top↑ |
|
|
 |
|
Grandparents Rights
| Q. |
Are
grandparents permitted to petition the court for
any form of visitation of grandchildren in Texas? |
|
|
| A. |
Visitation
may be granted if the grandparent’s child
has been incarcerated in jail or prison during
the three month period preceding the application,
has been determined to be legally incompetent,
or is dead; if the parents are divorced or have
been living apart for the three months period
preceding the filing of the application or if
a suit for dissolution of the marriage is pending;
if the child has been abused or neglected by a
parent; the child has been adjudicated to be a
child in need of supervision or a delinquent;
the grandparent’s child has had their parental
rights terminated; or if the child has resided
with the grandparent for at least six months in
the twenty-four month period preceding the filing
of the application. |
|
|
State
Fact Sheets for Grandparents and Other Relatives
Raising Children
Back
to Top↑ |
|
|
 |
|
Divorce
Settlement
| Q. |
Texas
is a community property state. How do divorce
laws affect our assets and a possible divorce
settlement? |
|
|
| A. |
The court will
identify and set aside those assets that are solely
each party's, and then divide the marital assets
evenly. The parties will have an opportunity to
reach a divorce settlement, and if unsuccessful,
will have the court make the division. |
|
|
| Q. |
My souse owned
the house solely when we got married. In a divorce
settlement, I believe I am entitled to half of
any appreciation of that property since our marriage,
and my spouse says I deserve nothing. Who is right? |
|
|
| A. |
Don't sign the
settlement any agreement until you get legal advice.
You are likely correct, but there are nuances
that can impact that judgment. For example, if
you refinanced the property, it would change all
equations. Speak with an attorney. |
|
|
|
Back to Top↑ |
|
|
Residency
Requirements
| Q. |
How
long must one have lived in Texas to file a petition
for divorce, separation or annulment? What are
the residency requirements? |
|
|
| A. |
Texas requires
that one spouse must have resided in this state
for at least six months immediately preceding
the filing. On the condition that the residency
requirement has been met by one spouse, either
the resident or non-resident may file in Texas. |
| |
|
Back to Top↑ |
|
|
|
