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In Texas there are seven grounds (reasons) for divorce.  Only the first ground listed below does not assign fault to either spouse for the break-up of the marriage.   

  1. In supportability - The marriage can no longer continue because of disagreements or differences that cannot be resolved.
  2. Cruelty - When your spouse is guilty of "cruel treatment" towards you to the point that it is no longer bearable to continue living together.
  3. Adultery - When your spouse has cheated on you.
  4. Conviction of a felony - When, during the marriage, your spouse has been convicted of a felony and imprisoned for at least one year.
  5. Abandonment - When your spouse left you with the intention of abandoning you and he remained away for at least one year.
  6. Living apart - When you and your spouse have lived apart for at least three years.
  7. Confinement in mental hospital - When, at the time you file for divorce, your spouse has been confined in a mental hospital for at least three years and it appears that his mental disorder is the type that will not get better (or if it does get better, it appears that a relapse is probable.)

The divorce process starts with the filing of an Original Petition for Divorce. You must be a resident of Texas for six months and a resident of the county for 90 days to file for a divorce. After the petition is filed with the court, it must be served on the other spouse. This is called service of process and means that the spouse must receive a copy of the divorce petition.  

Either party in a divorce may feel a need for the court to issue temporary orders between the date the divorce petition is filed and when the divorce is finalized. Temporary orders address issues such as which spouse will remain in the marital residence, the use and possession of property and custody, possession and support of the children.

While your case is pending, the Court can award temporary spousal support. The Court will consider the needs of the requesting spouse and the ability of the other spouse to pay. Temporary spousal support will be ordered for a limited period of time and in an amount necessary to cover the requesting spouse’s basic necessities. To receive spousal maintenance after your divorce, generally you must have been married for a period exceeding 10 years and you will need to prove a need to receive spousal maintenance.

The court starts with a presumption that all the property earned or acquired by either spouse during the marriage is community property, owned equally by the spouses. You and your spouse can make a claim that certain property is separate property. Separate property includes property acquired before the marriage, income and increases in value to separate property, and gifts and inheritances. Our Courts divide property in a “just and right” manner, having regard for the rights of each party and the children of the marriage. Factors such as unequal earning power and fault in breakup of the marriage can affect the division of property.

In Texas you must wait 60 days before you can finalize your divorce. The divorce decree is the final order in a case. It divides property and debts, makes provisions for taxes, determines who will have custody of the children, who will pay child support and makes all other issues in your case. If you and your spouse agree on key issues including property, debt division, and child custody the divorce can be finalized without a trial.

For more information or if you want to consult with one of our attorneys on an Assault Family Violence case, then call the Flores Harbour Law Office today for a free consultation.

This information is meant to be simply informative and not meant to be considered legal advice as each case varies. Please call the Flores Harbour Law Office today and speak with one of our attorneys for a free consultation.