Some Aspects Of The Divorce Procedure In Texas
In order to get a divorce in Texas, one of the spouses has to be a resident of the state for a continuous period of six months. He/she also need to live for a continuous period of 90 days in the county where the divorce is filed. There is a waiting period of 60 days from the date of filing of divorce petition with the court. It does not follow that a divorce is involuntarily final on the 61st day. However, the divorce could be made final on the 61st day if both the parties agree to all the terms and conditions in the divorce petition and which is signed during the 60 day waiting period. The divorce is made final immediately after the judge openly pronounces it so in the court and signs the decree of divorce. But, it could take up to an average of six months to one year to finalize a divorce if the parties are not in agreement. In such a case, the time period depend on the complexity of the issues and the degree of dispute.
Texas law permits for “no-fault” divorces. However, if one of the petitioners is at “fault” for the marriage to crumble, it is taken into thought by the court in order to determine a fair division of the property between the parties. In order for the court to consider this, the other spouse may want to plead fault grounds in their petition. The statutory grounds for divorce in Texas are:
1. Adultery
2. Cruel treatment that makes it intolerable for further togetherness
3. Abandonment for a duration of at least one year with the intention to abandon
4. A Long-standing internment of more than a year
5. Confinement to a mental hospital for at least 3 years
6. Living apart for at least 3 years
7. Inability to support
Maintenance from the spouse could be obtained if the requesting party meet any of following criteria.
· The spouse who pays the maintenance was condemned of family violence within 2 years of the date of the filing of divorce;
· The marriage was 10 years or longer and the requesting spouse is short of sufficient property to survive meeting his/her minimal needs, which includes property granted in the divorce. Also if he/she is not able to sustain him/herself through appropriate employment because of a debilitating physical or mental illness;
· The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs which also includes property awarded in the divorce and if he/ she is the custodian of a child who requires significant care and personal guidance, which makes it essential for that spouse to stay at home with that child;
· The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs which also includes property awarded in the divorce and the requesting spouse does not have the capacity to earn in the job market which is sufficient to afford a minimum standard of living..
If the party meet the criteria for maintenance which come under (1) (3) or (4), the maximum term of maintenance is 3 years. The amount awarded cannot be more than 20% of the gross income of the spouse who pay for the maintenance. If the party qualifies for maintenance under (2), the term of maintenance can be indefinite.
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