Spousal Maintenance In Texas Divorce Laws When Getting A Divorce In Texas
The division of property, custody of the children and spousal maintenance are the major issues in Texas divorce cases. Property distribution at least has a quantifiable basis, and the issues regarding child custody are less complex than those of spousal maintenance. A spouse must request for maintenance or alimony as part of the divorce proceedings and justify the request. In general, the Court orders maintenance for a spouse under the following circumstances:
- When the spouse is physically or mentally disabled and cannot support himself or herself;
- If the spouse is taking care of a physically or mentally disabled child and cannot leave the child alone in order to work;
- When the spouse does not have to capability to find employment which will provide enough support for his or her basic needs.
How To Go About Getting A Divorce In Texas
Getting a divorce in Texas is a pretty organized process. Here are the steps to follow when you want to file for a divorce in Texas.Either the husband or the wife, whoever will be the Petitioner, files a document called an Original Petition Of Divorce with the proper court. In Texas, the proper venue for filing is the District Court of the county. The papers are then delivered to the other spouse, unless both spouses have already reached an agreement, in which case they can beforehand sign a waiver giving up the right to be personally served with the divorce papers.
When the Petitioner files the document, he or she may request the court to issue a Temporary Restraining Order to maintain the status quo. This TRO in effect freezes everything and prevents either spouse from disposing of assets, harassing each other, stealing things from each other or preventing one another from having access to the children. The Court must then conduct a hearing within 14 days and issue a temporary injunction against the Petitioner and Respondent which may continue while the divorce has not yet been finalized.
A Summary Of Texas Divorce Laws For Securing Divorce In Texas
Each state has its own specific rules governing the divorce process, and Texas divorce laws are no exception. The laws are not unusual or complicated and can be summarized as follows.
To obtain a divorce in Texas, both spouses should have lived in the state for a minimum of 6 months and at least one of the spouses should have lived in the county for at least 90 days.
The divorce process may be done on a do-it-yourself basis, online or through a divorce lawyer. The petition for divorce must be filed in the District Court of the county where any one of the spouses resides.
Legal separation is not recognized in Texas divorce laws. However, the party filing for a divorce can ask the court to issue a temporary restraining order preventing either of the divorcing parties from altering the status quo. This TRO prevents a spouse from disposing of assets or harassing the other spouse while the divorce proceedings are ongoing.
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Requirements For Divorce In Texas
Each state in the USA has its own requirements for divorce and one of the conditions for divorce in Texas stipulates that the divorcing partners must have lived in the state for a minimum of 6 months and in the county where the divorce is filed for a minimum of 90 days.
Texas does not recognize legal separation but when there is a petition for divorce, the court may issue temporary orders based on an agreement between the divorcing spouses. These temporary orders may cover matters like the separation of assets and liabilities, as well as the maintenance of the spouses. Before the divorce is finalized, this agreement may be amended or rejected unless some other Texas law applies.
Divorce in Texas may be granted based on irreconcilable differences between the divorcing partners on a no-fault basis. Divorce may also be granted because of fault due to cruelty, adultery, conviction for a felony, abandonment, confinement in a mental hospital or living apart without cohabitation for a period of 3 years.
