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An Overview Of The Divorce Laws In Texas

Author : Cullena Nedrich


The first thing that you should do before your file for a divorce is to know the divorce laws in Texas. The laws cover a standard of topics, like filing requirements, child custody, and other topics. States have similar divorce laws. However, with Texas, child custody and visitation laws are different.

Here is an overview of divorce laws in Texas.

Texas Filing Requirements in Divorce and Its Costs

You must be a Texas resident for 6 months, the least, and a resident of the county for 90 days, the least, including military. One must fill out a packet of forms, and then give it to the District Court Clerk. Filing is then complete.

As of July 2008, according to the website of Texas Courts, the average cost ranges from $167 to $316, with children. If without children, the cost will range from $167 to $260.

After you have completed the forms, you must give your spouse a copy of the forms. Wait for 60 days before the finalization of the divorce.

Temporary Orders of Divorce Laws in Texas

After you have filed your divorce, the judge will issue temporary orders regarding the properties, counseling, support and custody. The judge can also issue a TRO, or Temporary Restraining Order. The TRO will forbid either party to contact or threaten each other, to have access to the children or to remove property or assets.

There are a lot of ways in deciding your divorce, other than with a judge. If you both agree on trying and working things out, you can use mediation, arbitration, Collaborative Law agreements and Informal Settlement Conferences. These ways can give both of you more options and will eventually result to more efficient agreements.

Texas Child Custody, Support and Visitation

Custody is also called Conservatorship, if you are living in Texas. It may be joint or sole, managing or possessory. Possession is another name for visitation. There is a standard order that the judges follow for possession. The child is allowed to visit with the other parent from 6 PM of Friday to 6 PM of Sunday, this is every other weekend. During spring break, the child is also allowed to visit every other year. For summer, the child is allowed to spend 30 days with the other parent. However, if the parents live 100 miles or more apart, or the child is younger than 3 years old, the order of possession is modified slightly.

Child Support is determined by the calculation of the net income of the conservator that is non-managing, and then an additional 20% for 1 child, an increase of 5% for each child thereafter. The support will end when the child graduates from high school or when he turns 18, whichever comes last. Support for the spouse is not ordered, unless, there are factors to be met, like it should not exceed $2,500 monthly and will continue for three years only, unless the spouse is disabled, or one of the children.

Property Division in Texas

The state is a community property state. Any property that the couple has bought during their marriage must be equally divided. You will keep the property you owned and bought before the marriage. Life insurance premiums, retirement funds and other earnings are divided.


Author's Resource Box

Are you looking for more information on divorce laws in Texas. Find out all about filing for Divorce in Texas.

Article Source:
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Tags:   divorce laws, child custody, texas child

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Submitted : 2011-07-18    Word Count : 650    Times Viewed: 439