Here are the most frequently asked questions and answers about Texas divorce laws.
Can anyone get a divorce in Texas?
Not necessarily. At least one of you needs to have been a “continuous resident” of Texas for at least six months. You also need to file in the county where you resided, and you need to have lived in that county for at least 90 days.
Texas is a no-fault divorce state, but my partner cheated on me. How will this affect our divorce?
While infidelity does not necessarily change child custody or alimony it can affect the way a judge divides assets. Infidelity however, must be proven — it cannot be merely one person’s suspicion — it must be admitted or there must be evidence. An attorney who works in family law will be able to determine which steps to take if this is an issue in your pending divorce.
I feel like my spouse abandoned me. Does abandonment affect a Texas divorce?
Yes. If you feel you were abandoned in Texas, you need to show the court two things:
- That your spouse was gone for at least a year.
- That your spouse left and intended to leave you.
You may need to provide witnesses, letters, texts or other documentation of the abandonment. Abandonment can influence the terms of your Texas divorce, including alimony.
Why is it called a “no-fault divorce” in Texas?
Most marriages don’t work out because both people decide the marriage isn’t working and they would be better off living separate lives. This is called “insupportability.” Insupportability means neither person is directly responsible for the breakup or falling apart of the relationship.
Is there fault-based divorce in Texas?
Yes. Sometimes a marriage falls apart because of the choices, behaviors or events that happened to one spouse. This is called “fault-based divorce.” In Texas, fault includes: adultery, felony conviction, cruelty (verbal, emotional or physical abuse), mental incapacity (such as severe brain damage, a coma or being admitted to a mental institution), three years of living apart, and abandonment (See #3 above).
Which property is NOT communal property in a Texas divorce?
There are four types of assets or property that are not considered to be owned equally. These are:
- Property or money that you or your spouse had before you got married
- Money awarded to you or your spouse because of an accident (personal injury claim)
- Gifts that were given to one person
- Property, assets or money that was inherited by one spouse
A family law lawyer can help you determine which assets are jointly held and which are personal.
How do I prove I am or am not the father of my partner’s child?
If you believe or know that you are not the father of your partner’s child, it may be in your best interest to terminate your paternity so that you are not legally required to support that child after a breakup.
Conversely, if you are the mother of a child and the putative (believed to be) father denies that he is the father, it may be in your best interest to pursue a paternity test so that your child receives the support required by Texas law.
Get Your Divorce Questions Answered and Discover Your Next Best Steps
Get your family law questions answered, by exploring these frequently asked questions. Find out what your next best steps are and call The Love DuCote Law Firm LLC for a confidential consultation with our legal staff at our Sugar Land offices: 832-471-6904 or fill out our online intake form and get the help you need today.
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