filing for divorce in houston, TX

At-Fault vs. No-Fault Divorces in Houston, TX

Texas allows spouses to file for divorce on either fault or no-fault grounds. Understanding the difference is essential:

• No-Fault Divorce: This is the most common option and does not require either spouse to prove wrongdoing. The most common ground for a no-fault divorce in Texas is “insupportability,” meaning the marriage has become unsustainable due to conflict or irreconcilable differences.
• At-Fault Divorce: In this case, the filing spouse must prove that the other spouse is responsible for the breakdown of the marriage. Grounds for an at-fault divorce include cruelty, adultery, felony conviction, or abandonment.

Preparing Necessary Documentation

Proper preparation is key to minimizing stress and financial burden during the divorce process. Before filing, gather the following documents:

• Income Evidence: W-2 or 1099 forms, pay stubs, and tax returns.
• Property Documents: Deeds, vehicle titles, mortgage statements, and investment account statements.
• Financial Records: Bank statements, credit card statements, and retirement account information for the past two years.

Having these documents ready will help your attorney assess your financial situation and ensure a fair division of assets.

Grounds for Divorce in Texas

Texas law provides specific grounds for filing for divorce, whether you choose a fault or no-fault approach.

Grounds for At-Fault Divorce

• Cruelty: Treatment that makes living together insupportable.
• Adultery: Voluntary sexual intercourse with someone other than the spouse.
• Felony Conviction: A spouse’s conviction and imprisonment for at least one year.
• Abandonment: One spouse leaves with the intent to abandon and does not return for at least one year.

Grounds for No-Fault Divorce

• Insupportability: Irreconcilable differences that make the marriage unsustainable.
• Living Apart: Spouses have lived separately for at least three years.
• Confinement to a Mental Health Facility: One spouse has been confined for at least three years due to a severe mental disorder.

Texas Residency Requirements for Filing for Divorce

To file for divorce in Texas, you must meet specific residency requirements:

• At least one spouse must have lived in Texas for the preceding six months.
• The filing spouse must have resided in the county where the divorce is filed for at least 90 days.

Exceptions include cases involving military service or out-of-state filings, where one spouse remains a Texas resident.

Division of Marital Assets in Houston Divorces

Texas is a community property state, meaning assets and debts acquired during the marriage are generally considered jointly owned. However, separate property—assets acquired before the marriage, through inheritance, or as gifts—is not subject to division.

During divorce proceedings, spouses must disclose all financial information, including:

A judge will divide marital property in a “just and right” manner, which may not always mean an equal split.

Spousal Maintenance in Divorces

Spousal maintenance, also known as alimony, is not automatic in Texas. To qualify, the requesting spouse must demonstrate one of the following:

• A physical or mental disability preventing self-support.
• Custody of a disabled child requiring full-time care.
• A marriage lasting at least 10 years and an inability to meet minimum reasonable needs.

The court considers factors such as each spouse’s earning capacity, education, and contributions to the marriage when determining the amount and duration of spousal maintenance.

Child Custody and Child Support Issues

If you have minor children, custody and support will be central to your divorce. Texas courts prioritize the best interests of the child when making custody decisions. Factors considered include:

Child support is calculated based on the non-custodial parent’s income and the number of children. Texas law provides guidelines for minimum and maximum support amounts.

What if You Cannot Find Your Spouse?

If you are unable to find your spouse, the law allows you to notify them of your divorce in a process called “service by publication”. To do this, you will publish your original petition in some public media. You must also file a form called the Certificate of Last Known Address and a military status declaration. These forms are used to determine where your spouse used to live and whether they were unable to respond due to military service.

If you are considering service by publication, you will definitely want to speak with a lawyer. You will be responsible for proving that you made a diligent search for the person, and you run the risk that they will exercise their right to ask for a new divorce trial within two years. Your lawyer can help you meet your

the legal process of divorce

The divorce process in Texas involves several key steps:

1. Filing the Divorce Petition: The filing spouse submits a petition to the court, outlining the grounds for divorce and desired outcomes.
2. Serving the Petition: The other spouse must be formally notified of the divorce filing.
3. Response: The receiving spouse has the opportunity to file an answer, addressing the claims in the petition.
4. Temporary Orders: The court may issue temporary orders regarding child custody, support, and property use during the divorce process.
5. Negotiation and Mediation: Spouses may negotiate settlements or attend mediation to resolve disputes.
6. Trial: If an agreement cannot be reached, the case goes to trial, where a judge makes the final decisions.
7. Final Decree: Once all issues are resolved, the judge signs the final divorce decree, officially ending the marriage.