Texas Divorce Details

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Spring Divorce Lawyer: In Texas in its simplest form a divorce terminates a marriage giving a married couple the legal right to marry another person.

What many people do not know is that a divorce is a lawsuit that does more than end a marriage. A Texas Divorce takes care of three things which are:

1.Property – divides marital assets and debts
2.Children – determines rights and duties of parents toward children, parental visitation, and establishes child support and
3.Marriage – ends the marriage

Generally, in Texas Family Law Attorney Houston Cases are heard by District Courts that have a primary responsibility of for law matters and these courts are known as “Family Law District Courts.” In smaller county’s this may not be true and the cases may be heard by county courts at law. In smaller county’s these courts may also hear other types cases then just family law cases.

NO FAULT DIVORCE

Divorce Lawyer in Houston: Like most states, Texas’s “no fault” divorce statutes allow for the marriage to be dissolved without allegations and proof of fault.

This means there is no need for the court to decide which spouse was the source problem for the failure of the marriage. With a “no fault” Texas divorce, the marriage is dissolved because it had become “insupportable”.

OTHER GROUNDS FOR DIVORCE

Family Law Attorneys Houston: In Texas, you can ask the court to give you the divorce because it was somebody’s fault. If fault is proven then when a court gives a divorce for “grounds,” a court may give more of the community property to the “innocent” spouse.

Fault Grounds under Section 6 of the Texas Family Code Include:

1.living apart
2.confinement in a mental hospital
3.cruelty
4.Abandonment
5.Conviction of a felony and
6.adultery

LEGAL SEPARATION IN TEXAS

Family Lawyers Houston: Legal separation is a concept that provides a middle ground between marriage and divorce. Some states have enacted statutes and enforce laws that allow or even require spouses to legally separate before divorcing. However, Texas does not recognize legal separation. In short, persons in Texas are either married or they are divorced.

Although Texas does not have a statute regarding legal separation when a couple has minor children Texas does have a law allowing people to seek court orders regarding the children even when the couple is still married.

A parent can file a “Suit Affecting the Parent Child Relationship” (SAPCR) asking a Court to establish provisions regarding:

1.Child Support
2.Visitation and
3.Rights and Duties

RESIDENCY REQUIREMENT

Kingwood Divorce Attorney: Under Texas Family Code Section 6.301 for a divorce action to be commenced in Texas Divorce Court, one of the spouses must have been domiciled in Texas for 6 months or more and a resident of the county in which the suit is filed for the preceding 90-day period.

This is a jurisdictional requirement without which a Texas Court would have no legal power to dissolve the marriage.

In general, “domiciled in Texas” means at least one spouse is a permanent resident here. For those who leave the state temporarily or who have second homes elsewhere, Texas must be the place of permanent or indefinite domicile.

Under In Re Green, 385 S.W.3d 665, 669 (Tex.App. -San Antonio 2012) “The test for residence or domicile typically involves an inquiry into a person’s intent.

In Texas, there are two special statutes for military personnel regarding residency and domicile.

The first one is Texas Family Code Section 6.304. Under this statute a person not a resident of this state who is serving in the armed forces of the United States and has been stationed in this state for at least six months and at a military installation in a count of the state for at least 90 days is considered a Texas domiciliary and a resident of that county.

This is helpful for a military service member or their spouse seeking a divorce because they may not be technically a permanent resident of the state under cause law because he or she may not intend to reside here indefinitely or permanently.

The other helpful statute is Texas Family Code Section 6.303. Under this statute If Texas was the domicile of a military member or Federal Employee when they left Texas to serve outside of Texas, that person is still able to file for divorce in Texas.

PROPER VENUE OR WHERE TO FILE

The Woodlands Divorce Attorney: Only one party must live in the county where the divorce is filed. This means a spouse can either file in the county where they are living or the county where their spouse is living.

This is one of the things I discuss in my blog article “does it Matter who Files First in a Texas Divorce?”

In either of these scenarios the party who is being used to meet residency requirements must have lived in that county for 90 days and have lived in Texas for 6 months.

JURISDICTION OVER CHILDREN

Spring TX Divorce Lawyer: Under Texas Family Code 152.201 a new case can be established regarding a child if:

The State is the “Home State” of a child on the date the commencement of the proceeding.

A court of another state does not have Jurisdiction or has declined Jurisdiction
Under the Texas Family Code Section 152.102 Texas has defined “Home State” to mean “the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.

In the case of a child less than six months of age, the term means the state in which the child lived from birth with a parent or a person acting as a parent.”

A Texas Court also has to take into consideration the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This act adds an additional residency requirement.

A Texas family law judge does not have jurisdictional authority to decide matters over child custody and child support without a greater period of residency – that is, six months.

The Texas Superior Court’s subject matter jurisdiction over child custody and child support issues depends upon the answers to the following questions:

1.Whether Texas is the place where the child has lived for the most recent six months (“home state” jurisdiction); or
2.Whether Texas has the most significant connection with the child and at least one parent; or
3.Whether the child is physically present in Texas and needs protection based on abandonment or some emergency; or
4.Whether no other state is able to assert jurisdiction (or chooses not to assert jurisdiction if it could), and it is in the child’s best interests for Texas to assume jurisdiction.

If a Texas court does not answer in the affirmative to one of these threshold jurisdictional questions, then the case with children will be dismissed.

Divorce Lawyer Houston: The court is not really concerned with what the parties want in this regard because there is a bigger issue involved. If the court lacks subject matter jurisdiction, then it has no legal authority to render a decision over child custody and child support — lack of subject matter jurisdiction requires dismissal of the action … Continue Reading