Divorce Texas

Written by Helen Glenn Court
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If you are planning on divorce, Texas stipulates two residency requirements. First is that either husband or wife needs to have lived in the state for at least six months. The one who files the petition for divorce must also have been a resident of the county in which she or he lives for at least 90 days.

Elements of Divorce Texas Law Defined

Insofar as your considering grounds for divorce, Texas law recognizes both no-fault and at-fault filings. No-fault means that both husband and wife agree beforehand that they want or need to divorce. The usual phrasing in such cases is "irreconcilable differences." At-fault divorces are when one party accepts, willingly or unwillingly, responsibility for wrongdoing. The usual grounds for at fault filings are adultery, cruelty or abuse, desertion, confinement in prison, or sexual inadequacy not disclosed before marriage. Most divorces in Texas tend to be no-fault arrangements.

Regarding custody options in divorce, Texas favors arrangements in which both parents participate in decisions on the child's or children's welfare, schooling and other significant child rearing issues. The term for this is "joint managing conservatorship." In typical custody agreements one parent has primary custody and the other significant visitation rights.

In setting specific dollar amounts for child support, Texas guidelines emphasize basing calculations on parental income. Other arrangements are allowed. The key descriptive words for such arrangements, however, are somewhat open to interpretation--"reasonable and well founded."


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