Divorce is never easy, and not knowing exactly how the divorce process plays out in Texas can add a considerable amount of strain to your life if you’re thinking about filing or have already started the process.
Here are some basic things you should know about divorce in the Lone Star state.
Texas is a no-fault state. This means that you or your spouse does not need to prove either one did anything wrong to get divorced. Some spouses will allege fault which may affect the division of property as you move forward. However, most divorces move forward on the supposition of insupportability.
There is a mandatory minimum waiting period. It takes a minimum of 60 days to get a divorce in Texas because of a mandatory waiting period. In addition, at least one of the spouses must have been a resident of Texas for at least 6 months leading up to the divorce, and one of the spouses must also have been a resident of the county where the divorce is filed for at least 90 days prior to the filing.
Shortly after filing for divorce, if couples do not agree, a temporary hearings order will take place to clarify things such as living arrangements, a possession schedule for any children, temporary spousal and child support, and who pays which bills such as car payments, mortgage, and utilities.
Texas Is Not a Community Property State
Texas is not a 50/50 community property state. Judges do have some leeway when it comes to dividing assets if they see fault or bad behavior on one side or the other.
Alimony is a possibility, but it is difficult to qualify for it. The courts expect both sides to return to the workforce as soon as possible if they are capable of doing so.
Child support is clearly defined by the Texas Family code. If you are required to pay child support, you must pay 20 percent of your net income for one child, 25 percent for two and it goes up 5 percent for each child up to 40 percent.
Your spouse is not required to pay for your health insurance, but you may be entitled to purchase health insurance under the former spouses group plan.
The Hixson Law Firm serves clients in Mansfield, Arlington, Grand Prairie and other nearby Texas communities.