What Are The Grounds For Divorce In Texas?
Texas is commonly referred to as a no-fault state. That means that no one party will be listed as having fault for the dissolution of the marriage. The legal requirement is that the marriage is no longer supportable and reconciliation is not possible. When there’s no opportunity for reconciliation, one of the spouses files a petition for divorce. Absent some very limited circumstances, the parties must then wait 60 days before the divorce is finalized.
Oftentimes, there are contributing factors, such as domestic violence or drug use. If there is domestic violence involved in the marriage, the 60-day waiting period can be waived. However, for the most part, it’s important for people to know that once they file a petition for divorce, there’s a 60-day waiting period before the final decree of divorce can be entered.
What Does No-Fault Divorce Mean In Texas?
In Texas, no-fault divorce means that neither of the spouses will be legally blamed for the divorce and required to pay a financial penalty. Texas doesn’t recognize fault in divorces nor require penalties. There might be other reasons that support is required to be paid, but it wouldn’t be because of fault.
If One Spouse Is At Fault For The Breakup Of A Marriage, Can The Court Consider This Fact When Determining The Division Of Assets?
In Texas, the court is always tasked with providing an equitable division of the community property. Equitable has its own legal definition. The court is required to equally divide the property amongst the marriage participants. The court can consider a number of factors in what makes the division of property equitable. The fault of one party is usually not going to be a deciding factor in how the marital estate’s property is divided up.
What Is A High Net Worth Divorce? How Are These Cases More Complex Than A Standard Divorce?
A high net-worth divorce is a divorce that has a significant value attached to the community property or to one party’s separate property. The reason it’s essential to have legal counsel at the very beginning of a high net-worth divorce is to ensure an equitable division of the community property and to protect and respect an individual’s separate property. Individuals with a financially complex estate need to avoid costly mistakes. Clients want to be sure to give each asset, property, or account the time and attention it deserves in dividing property. If a client has high net-worth separate property, we’ll want to ensure that none of it is given unnecessarily in the division of the community estate. Therefore, it is crucial to have an attorney involved from the outset who can describe and delineate each asset in the marriage.
What Are Some Common Reasons That Divorces Are Contested In Texas?
The most common reason a divorce would be contested is division of the community estate. Divorces in Texas always include a “just and right” division of the marital estate, including the separate property and the community property. The separate property is the property that belongs to each spouse individually. The community property is property that belongs to both spouses together. The equitable division of the community property is usually contested because the parties cannot agree on how it should be divided. Sometimes, there are contested matters regarding whether separate property is in fact separate property or community property that should be divided between the spouses.
The other highly contested issue in divorce cases usually involves the possession and access of children. If there are children in the marriage, the divorce proceeding must delineate the conservatorship rights between the spouses as to each of the minor children. Conservatorship determines how the spouses divide their possession of and access to the children. It also determines who is obligated to pay child support. As a result, those issues can be contested.
For more information on Grounds For Divorce In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.