Understanding Texas Divorce Law: What You Need to Know

Divorce can be a difficult and emotionally charged process, but it’s important to understand the legal aspects involved. Texas divorce law can be complex, and it’s crucial to have a knowledgeable and experienced divorce attorney on your side to guide you through the process. In this blog post, we’ll provide an overview of Texas divorce law and what you need to know.

texas divorce law

Grounds for Divorce in Texas

In Texas, there are both fault and no-fault grounds for divorce. No-fault grounds are the most common, and they include:

  1. Insupportability: This means that the marriage has become insupportable due to discord or conflict that destroys the marriage relationship.
  2. Living Apart: If spouses have lived apart for at least three years, they can file for divorce on the grounds of living apart.

Fault-based grounds for divorce include:

  1. Adultery: One spouse has committed adultery.
  2. Cruelty: One spouse has been cruel to the other, both physically and mentally.
  3. Felony Conviction: One spouse has been convicted of a felony and imprisoned for at least one year.
  4. Abandonment: One spouse has abandoned the other for at least one year.

Division of Property

Texas is a community property state, which means that any property acquired during the marriage is considered community property and is subject to division in a divorce. Community property includes assets such as real estate, bank accounts, investments, and retirement benefits.

However, there are some exceptions to this rule. Property that is inherited or received as a gift by one spouse during the marriage is considered separate property and is not subject to division. Additionally, any property that was acquired before the marriage is also considered separate property.

Child Custody and Support

When it comes to child custody, Texas courts focus on the best interests of the child. Custody can be joint, where both parents have equal rights and responsibilities, or sole, where one parent has primary custody and the other has visitation rights.

Child support is calculated based on a number of factors, including the income of both parents and the needs of the child. The parent with primary custody typically receives child support payments from the other parent.

Spousal Support

Spousal support, or alimony, is not automatically awarded in Texas divorces. However, a court may order spousal support if one spouse has been financially dependent on the other during the marriage and will have difficulty supporting themselves after the divorce.

Getting Help with Your Divorce

Divorce can be a challenging and emotional process, but having the right attorney on your side can make all the difference. At the Law Office of Aishah McCoy, we have years of experience helping clients navigate the complexities of Texas divorce law.

We understand that every divorce is unique, and we will work closely with you to understand your specific needs and goals. Whether you are seeking a no-fault divorce or need help with property division, child custody, or spousal support, we can help.

Contact us today to schedule a consultation and learn how we can assist you with your Texas divorce.

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