Lately, people are contacting our law firm with some of the basic questions for a divorce. Here are some of the most common questions.
IS THERE A RESIDENCY REQUIREMENTS AND WHERE DO I FILE?
YES. Either spouse must be a resident for at least six months and resided in the county where the petition is filed for at least 90 days. On the other hand, the divorce petition is filed with the District Court of the county where either party lives.
WHAT ARE THERE LEGAL GROUNDS FOR DIVORCE?
On the petition of either party to a marriage, the court may grant a divorce without regard to fault on the basis of irreconcilable differences. A divorce may also be granted on the following fault basis: (1) Cruelty, (2) Adultery, (3) Conviction of a felony, (4) Abandonment, (5) Confinement in a mental hospital, (6) Living apart without cohabitation for at least 3 years.
DOES TEXAS RECOGNIZE LEGAL SEPARATION?
NO. Texas has no specific provisions for a legal separation, but allows for temporary orders to be filed at the time the divorce is filed. In cases where the parties have filed for a divorce, the spouses may enter into a written agreement concerning the division of the property and the liabilities of the spouses and maintenance of either spouse.
HOW DOES PROPERTY DISTRIBUTION WORK?
Texas is a community property state. In a decree of divorce, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Property that would be considered marital property (whether acquired in the state or not) is subject to division. Property that would be considered separate property (whether acquired in the state or not) is not subject to division.
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