Common Law Marriage In Texas

Divorce Laws In Texas
If you are in Texas and if you are willing to file for a divorce, you will have to understand the Texas laws. The divorce laws in Texas are a bit complicated and hence, you need to pay proper attention to every detail. The Texas state divorce laws cover a wide range of topics like the requirements for filing, child custody, alimony etc. Most of the divorce laws in Texas are nearly the same as in other states. The child visitation and child custody laws in Texas are however, different from other states.
The divorce laws in Texas
Divorce filing requirements and associated costs in Texas
In order to file for divorce in Texas, you need to be a resident of Texas for a minimum duration of 6 months and a minimum of 90 days in the specific county. This same rule applies for military personnel. If these conditions are satisfied, the applicant needs to fill up a packet full of forms and then submit the same to District Court Clerk. Only when this this done, filing for divorce is complete.
The prices for filing for divorce as quoted on the official website of Texas Courts since July 2008 are mentioned below:
• For divorce filing with children, the cost will range between $167 and $316.
• For divorce filing without children, the cost will range between $167 and $260.
Once you complete the forms, you will have to provide a copy of all the forms to your spouse and then you will have to wait for a minimum of 60 days before the divorce is finalized.
Divorce Laws Temporary Orders in Texas
Once the divorce is filed, the Judge may issue temporary orders with regards to custody, support, counseling and properties. The judge may also issue orders, if deemed necessary, called the TRO. It is the abbreviation for the Temporary Restraining Order. The Temporary Restraining Order or the TRO will actually prohibit either party from contacting and threatening each other for having children access or removal of assets and property.
If you are not willing to go for a divorce with intervention from the judge and want to keep things less messy, you can actually try to work out things among yourselves. You may seek the help of Informal Settlement Conferences and Collaborative Law agreements, arbitration or mediation. Using these options will lead to more options for each one of you and the agreement that you can reach will be more efficient.
Child Custody, Visitation and Support in Texas
In Texas, child custody is also referred to as Conservatorship. Child custody may be sole or joint, possessory or managing. Possession and visitation are the same while only the names are different. For possession, the judges follow a standard order. Child(ren) is/are allowed to visit the other parent every other weekend, i.e. Friday 6PM to Sunday 6PM. The child(ren) is/are also allowed to visit the other parent every other year during spring breaks. During the summer, the child(ren) is/are allowed by the law to visit the other parent and stay with him/her for 30 days. In case the child is only 3 years old or younger and the two parents live at a distance of 100 miles or more, the possession orders are modified accordingly.
In case of child support, the laws in Texas are different from the other states. In Texas, determination of the child support takes place by the net income calculation of the non-managing conservator followed by additional 20% in case of 1 child and then followed by 5% increase for every child thereafter. The support will come to an end when the child turns 18 or the child graduates from the high school, whichever happens last. No orders for spouse support will be issued unless certain factors are met like the expenses should not go beyond $2500 a month and it will continue for a period of only 3 years or unless one of the children or the spouse is disabled.
Texas Laws For Property Division
Texas is a state of community property and hence, the property needs to be divided if the couple bought the property during marriage. However, any property bought by any one of the partners before the marriage will be retained by the person who bought the property. Similarly, premiums for life insurance, retirement funds along with ant other types of earnings are to be divided.