What are grounds for divorce in Texas?

Texas is now a "no fault" state, meaning that a person desiring a divorce does not have to prove that his/her spouse is at fault in the marriage. The most common grounds for divorce is that "the marriage has become insupportable because of discord or conflict of personalities between you that has destroyed the legitimate ends of the marriage." However, there are several other possible "fault" grounds for divorce which a person may use, including adultery, cruelty, conviction of a felony, abandonment, living apart, and confinement in mental hospital. Sometimes a client will want to file for divorce and use a fault, such as adultery. I always try to talk them out of it. Well over 99% of all divorces are settled by agreement, and it's just harder to reach an agreement with someone when you have called them names in public.

What is a no-fault divorce?

A No-fault divorce is a divorce in which the dissolution of a marriage does not require showing wrong-doing of either party or, indeed, any evidentiary proceedings at all. It is granted upon a petition by either party to a court, typically a family court, without the petitioner having to show that the respondent is at fault and despite respondent's potential lack of assent to the dissolution.

What is a fault-based divorce?

A fault divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease.

How long does it take to get divorced?

Texas law requires that a divorce may not be granted until 60 days have passed from the date of filing. In most cases, divorces average from 90-180 days. There is no legal limit for longer periods.

When parents can't reach an agreement on custody what standards do courts use to decide with whom the children should live?

When parents cannot reach an agreement regarding child custody, most courts try to decide custody based upon an analysis of what arrangement is in the best interests of the child. While statutes and standards differ from state to state, a best interests determination is usually reached by reviewing the parents' wishes, the mental and physical health of the parents, any history of domestic abuse, the child's age and attachment to the parent who has been the primary caretaker, and the child's wishes.

What impact should a child's age have on custody and visitation scheduling?

Development experts agree that children of different ages have different needs regarding visitation scheduling. Experts generally recommend the following schedules, which may need adjustment for parents with either outstanding or limited parenting skills.

• Birth to 8 months: 2 or 3 weekly visits of 2 to 3 hours each.
• 9 to 12 months: 2 or 3 weekly visits of 4 to 8 hours each with one possible overnight weekend visit of 10 hours.
• 13 months to 3 years: 2 or 3 weekly visits of 6 to 8 hours each with one 24-hour weekly overnight weekend visit.
• 4 to 5 years: 2 or 3 weekly visits of 6 to 8 hours each with one 24 hour weekly overnight weekend visit and the beginning of vacation (three 2 day visits per year).
• 6 to 8 years: Every other weekend from Friday after school until Sunday night and one other weekday night (dinner and homework to be completed during the visit). Vacations of 3 consecutive weeks in the summer (during which other parent gets visitation) and other school vacations split equally. Allowances should be made in the schedule for "homesickness" that allows children to return to primary parent as needed during longer visitation times.
• 9 to 12 years: Every other weekend from Friday after school until Sunday night and one other weekday night (dinner and homework to be completed during the visit). Vacations of 3 consecutive weeks in the summer (during which other parent gets visitation) and other school vacations split equally.
• 13 to 17 years: Every other weekend from Friday after school until Sunday night and one other weekday night (dinner and homework to be completed during the visit). Vacations of 3 consecutive weeks in the summer (during which other parent gets visitation) and other school vacations split equally. Teenager should be consulted for modifications consistent with other activities.

Is alimony allowed in Texas?

In Texas, alimony is also called spousal maintenance. Spousal maintenance provides a spouse with periodic payments from the former spouse's future income that continues after the divorce.

The court may order (alimony is not a guarantee) spousal maintenance for a spouse if a spouse was convicted for family violence within two (2) years before the date the petition for divorce was filed or the marriage was ten (10) years duration. The spouse who is seeking spousal maintenance must show that he/she lacks sufficient resources to provide for his/her minimal reasonable needs. The spouse seeking future support must show that employment is difficult to maintain or gainful employment is not possible because of a physical or mental disability. Spousal maintenance may be ordered if a child has a disability that prevents the spouse from being employed outside the home. The courts may order spousal support if a spouse clearly lacks ability in the work place.

Factors that determine eligibility for a spouse to receive support are many, but the main factors the courts look to are (1) all the financial resources of the spouse seeking support; (2) education and employment skills, time necessary for education or vocational training; (3) duration of the marriage; (4) age, employment history, earning ability, as well as the emotional and physical well being of the spouse; and (5) the efforts of the spouse seeking spousal maintenance to obtain suitable employment.

How is property divided in a divorce?

According to the divorce source, before the court can divide community property, the property needs to be identified and valued. Each spouse is qualified to express an opinion as to the value of property. The value to be established at the time of divorce should be the "fair market value".

Often divorcing couples believe each one is entitled to equal shares of the community estate. However, Texas courts award property in a just manner. The courts can use many factors when awarding property such as the following: fault in the break-up of the marriage; child custody; age of the parties; and the needs of the parties, this being the Court's discretion utilizing the just and right doctrine.

When real estate is owned outside of Texas, the courts have no authority to divide the property. Unless a Texas court can subject the parties to jurisdiction, the real estate property sometimes will not be divided upon the Final Decree of Divorce.

What is the difference between probation and parole?

Probation is a type of criminal sentence that allows a person to stay in the community rather than serve time in prison, as long as he or she complies with certain conditions, such as regularly reporting to a probation officer, refraining from alcohol and drugs and not committing further crimes. Parole is the supervised release of a prisoner from incarceration into the community before the end of his or her sentence. Conditions of parole are similar to those of probation.

Do I need a lawyer's help if I am accused of a crime?

It is always in your best interest to consult a criminal-defense lawyer as early as possible if you suspect you will be facing the criminal-justice system. Whether you believe you are innocent or guilty, an attorney will fight for your legal and constitutional rights and monitor the proceedings for legality and fairness. If you cannot afford an attorney, you may be eligible for free legal counsel.