In order to file for divorce in Texas, one spouse must live in the state of Texas for at least six months, and reside in the county where the divorce is being filed for at least 90 days before submitting the divorce petition.
Texas is a no-fault divorce state, which means you will be granted a divorce, without having to site any specific reasons. The divorce can be based on the grounds that the marriage has become irreconcilable due to conflict between your personalities.
However, you and your lawyer can prepare a fault-based divorce case. After meeting with your San Antonio attorney. You must present evidence to prove fault which the court may take into consideration when determining an equitable division of property.
Compared to a typical civilian divorce, a Texas military divorce has several unique issues. There are specific state and federal laws and rules that apply.
Laws are set up to protect military members on active duty against being held in ‘default’ for failing to respond to a divorce action. This protects active military members from being divorced without knowing it.
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Texas court to have jurisdiction over the active military member.
Requirements for filing a military divorce include:
The federal government has enacted the Uniformed Services Former Spouses’ Protection Act that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse. This Act is combined with the normal Texas property division laws.
In Texas, both child support and spousal support awards may not exceed 60% of a military member’s pay and allowances.
The HHZ lawyers of San Antonio can help you with your divorce or family law situation.
The Federal Defense of Marriage Act defines marriage as "only a legal union between one man and one woman as husband and wife" Marriage is the legal union of a couple as spouses. The basic elements of a marriage are:
In Texas, couples are responsible for obtaining a
You can speak to one of our San Antonio family law attorneys for help in obtaining your marriage license.
Texas is one of the few states in the country that recognizes common law marriage. In Texas, common law marriage is defined as an 'informal marriage'.
Under section 2.401 of the Texas Family Code, an informal marriage can be established either by registering with the county without having a ceremony, or by meeting 3 requirements:
Annulment is a legal process in which a court determines the parties were never legally married to begin with; thus, the marriage is null and void. Annulments are rarely granted; however, grounds for doing so include:
Texas does not recognize legal separations, but the State does allow temporary orders to be filed at the time the divorce is filed. Similar to a legal separation, temporary orders define the rights and responsibilities of each party for the duration of the divorce proceedings.
Listen to an HHZ San Antonio Divorce Attorney for more information about temporary orders.
You are not required to have a divorce lawyer to file for divorce. However, it is always advisable to hire a San Antonio divorce lawyer if there are contested issues involving property, finances or children. Even with an uncontested divorce, disagreements often arise when dealing with issues like child custody and property divisions. Having one of our San Antonio divorce lawyers on your side is the best way to protect your interests and make sure you are informed about the consequences of every decision. A San Antonio divorce attorney understands the unique laws and how they are applied in Texas.
Texas law requires that a couple wait 60 days after the date the divorce petition is filed to finalize the divorce. The length of time it takes to resolve a divorce case depends on many factors.
When a couple is in agreement on all terms of the divorce, the final decree of divorce can be prepared and signed by the parties during the 60 day period and can be entered by the court on the 61st day. The divorce is final once the judge declares it in court and signs the decree of divorce.
When the parties are not in agreement, the average length of time to finalize a contested divorce is about 6 months to one year. Depending on the complexity of the issues, the process can be even longer.
To help make it easier, contact a San Antonio attorney
No, you are not required to go to court to get a divorce. In fact, most divorce cases are settled before reaching that point. Whether or not you go to court really depends on the details of your case. For example, if you have a situation where you and your spouse have an agreement, or come to an agreement through negotiations, the agreement is placed in written document by your San Antonio divorce attorneys. Once the document is submitted, you don't have to go to court. However, if you and your spouse can't agree, you will need to go to court to ask a judge to make the decisions.
The purpose of child support is to maintain the financial welfare of children. Child support is paid by the non-custodial parent to the parent who is awarded legal custody of the children.
Listen to an HHZ San Antonio family law attorney talk more about child custody in San Antonio and child support.
The Texas Family Code contains guidelines for the calculation of child support. In 2007, the maximum net income subject to child support considerations was changed from $6,000 a month to $7,500. The guidelines apply to situations in which the non-custodial parent’s monthly net income is equal to or less than $7,500. The court applies the following schedule:
If the non-custodial parent’s net income is greater than $7,500.00 per month, the court will apply the percentages listed above to the first $7,500.00. The court may order additional amounts of child support if there is a proven need for the child’s wellbeing.
If the non-custodial parent has children from another relationship or marriage, the amount of child support may be reduced.
The non-custodial parent's gross income includes wages, commissions, overtime pay, tips, bonuses, interest, dividends, rental income, royalty income, trust income, retirement income, disability income, etc.
Net income is calculated by subtracting five items from the parent's gross income:
Included in the child support orders, the non-custodial parent is required to maintain health insurance for the children. The children must be included on their employment health insurance policy; or if insurance is not available through employment, but is available through the custodial parent’s employment, the non-custodial parent must pay the premium costs. When insurance is not available through either parent’s employment, the non-custodial parent will be ordered to provide insurance coverage to the extent available and affordable.
Child support is due until the child becomes 18. If the child has not graduated from high school but is fully enrolled, the child support continues until high school graduation. When a child has a physical or mental disability, support can be continued indefinitely.
A decree of divorce can include any other agreements made by both parents. For example, one parent promises to pay the child’s college tuition. These types of agreements are not enforceable by contempt, but can be enforced as a contract by the parent or by the child, if the child is over the age of 18.
The Child Support Division of the Attorney General's Office is Texas’ official child support enforcement agency.
When a non-custodial parent fails to pay child support, they are subject to enforcement measures according to Texas child support laws which will collect regular and past-due payments.
There are laws which require that states cooperate with each other on child support enforcement. The non-custodial parent is legally required to make regular child support payments, no matter where they live. Therefore, the state child support enforcement rules will apply.
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Higdon, Hardy & Zuflacht, L.L.P.
12000 Huebner Road Ste. 200 San Antonio, Texas 78230
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