Learn How to File for a Texas Divorce and Prepare for Court

To obtain a divorce in Texas, as in every other state, what you first need is a lawyer. This professional will know all the TX divorce regulations and can guide you through filing for divorce.

Yes, both of you might want to end the marriage, but it is important for you to realize that the process is still legal and it can become complicated and quite nasty, particularly if there are claims and counter-claims. You may not know what's best in the long run. Another option for you is to call up the court for free Texas divorce advice.

A lawyer could help decide which court and jurisdiction the divorce petition should be filed with – the circuit, superior or family court in your county or district. The person can also help you fill out the Texas divorce forms.

The Petition for Divorce

The Petition for Divorce is the first thing that needs to be filed with the Texas divorce court. It is with this document that you are requesting the court to terminate your marriage on certain specified grounds.

‘No-fault’ grounds are created when the marriage is perceived as having become insupportable. Disharmony in attitudes or conflict of personalities has destroyed the legitimate basis of the marital relationship. Reconciliation is no longer an option and in the ‘no-fault’ divorce application, both you and your spouse agree to this.

There can be another type of divorce that you may want, and that is on ‘at-fault’ grounds. You can file your application on fault-based grounds such as the following:

•    Mental cruelty
•    Adultery
•    Imprisonment or conviction for a felony
•    Abandonment
•    Living separately and apart
•    Insanity and confinement to a state mental hospital
•    Incest
•    Impotency

Every divorce filed in Texas must have declared grounds, which must be substantiated with evidence or testimony, failing which the court may dismiss the case. When you petition the court, you must fully understand the grounds and their potential legal repercussions.

The divorce laws in Texas are firm on the need for a person seeking a petition for divorce to be a permanent resident of the state for at least the last 6 months. A person not previously a resident of this state may be one serving in the armed forces of the United States and stationed at one or more military installations in the state for at least last 6 months. A person serving at a military installation in a region of Texas for at least the last 90 days is treated as a Texas domiciliary.

According to the divorce laws in the state, the essential documents that you will need to start are the Petition for Divorce and a Decree of Divorce to complete it are:

•    Statement of Verification
•    Marital Settlement Agreement
•    Financial Affidavit
•    Child Support Worksheet

Property Distribution and Divorce

Texas is classified as a "community property" state and this means that a mathematical formula has been arrived at to be used to distribute the property between you and your spouse in a way that is just and equitable. The judge however, has the right to use his or her discretion. The property is divided into "marital" and "separate" classes of property. In practice however, the judges are trained to do what is fair, and to carry out community property division even if it means deviating from the prescribed formula.

Change or restoration of names by the divorcing spouses is permitted under Texas divorce laws. The spouses can restore their names once the divorce decree is issued.

Mediation Counseling

Mediation counseling attempts to reconcile the two parties if negotiations are deadlocked. A mediator is usually hired to start the process. Surface issues usually hide the underlying causes for marital breakup, and the main obstacles to both reconciliation and settlement. These are addressed, discussed and if possible, resolved. The judgment comes after this.

Texas tends to discourage alimony in principle. It is usually granted only for ten years, and only if the spouse receiving maintenance has not enough resources after divorce to provide for his or her essential needs. Other forms of relief include support for a spouse physically or mentally disabled, or lacking the capacity to work.

Child Custody and Divorce

Texas law adopts the view that court decisions have to be carefully planned so as to protect the best interests of the child, whether the custody is given to one parent or both. Joint custody is awarded after assessing the child's needs: material, emotional and developmental. It is not awarded where a family has a record of violence, neglect or abuse.

The amount of child support is calculated as a percentage of the net income of the non-custodial parent. The prescribed percentages are spelled out in tables published by the state.