Family Law

While there are no official guidelines for temporary spousal support, a Judge may order temporary spousal support while the case is pending if the person applying for support can demonstrate a serious financial need.

               A court will only grant permanent spousal support in a divorce case where the requesting spouse meets one of the following four requirements:

  1. 1.The paying spouse was convicted of family violence within two years of the date of the filing of divorce;
  2. 2.The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and cannot support himself or herself through appropriate employment because of an incapacitating physical or mental disability;
  3. 3.The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child; or
  4. 4.The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and lacks earning ability in the labor market adequate to provide for minimal needs.

Generally, spousal support cannot last for longer than a period of five, seven, or ten years, depending on the length of marriage.

on 07/24/2015 by Super User

First, one spouse (the Petitioner) files an Original Petition for Divorce and has it served on the other spouse (the Respondent). Sometimes, when the Petition is filed, certain Temporary Restraining Orders will be issued. Such orders might include requirements that neither spouse deplete any marital assets and that neither spouse treats the other one uncivilly. If the Temporary Restraining Order was issued without notice to the other spouse, the court will schedule a hearing within 14 days to determine whether the Temporary Restraining Order should become a Temporary Order governing the parties conduct during the divorce.

Once the Petition is served on the Respondent, he or she has until the Monday following the expiration of 20 days from the date of service to file an Answer.

During the pendency of the divorce action, the court will create temporary orders concerning custody, support and visitation of the children, as well as temporary use of marital property and treatment of debt.

The court will order a period of Discovery, in which each spouse will have the opportunity to gather information from the other spouse. Discovery is the exchange of information and documents between the parties, and may include depositions, interrogatories, and requests to produce certain documents.

While the divorce is pending, the parties will be expected to attempt to reach an agreement, either through direct negotiation through attorneys, or through facilitative mediation. If the parties can reach an agreement on all terms, an Agreed Decree of Divorce will be prepared and presented to the Judge for signature. If the spouses are not able to agree on all of the terms, a trial will take place. At trial, relevant information will be presented to the Judge or the jury, who will make specific rulings on each issue. Once the trial has been completed, one of the parties’ attorneys will draft a Decree reflecting the Judge’s ruling or jury’s findings during the trial.

on 07/24/2015 by Super User

It depends. In Texas, the soonest that a divorce can be finalized is 61 days after the petition is filed. If the spouses are not in agreement as to the resolution of all of the issues, it could take a lot longer. A divorce becomes final when a judge pronounces so in open court and signs the divorce decree. This will not happen until all the terms of child custody, child support, and property division have been settled. There is no way to predict how long this process will take, and depending on the circumstances, it could take up to a year or more to complete.

on 07/24/2015 by Super User

Texas is a “no-fault” divorce state. This means that a divorce can be granted simply because of “insupportability” of the marriage, which means that there is a conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. There are also “fault” grounds for divorce, which the court may take into consideration in determining a fair division of the marital assets. The grounds for a “fault” divorce in Texas include adultery, cruel treatment, abandonment, long-term incarceration, confinement to a mental hospital for at least three years, or living apart for at least three years. Additionally, if one spouse is at fault for the breakup of the marriage, those grounds may be alleged in the divorce petition.

on 07/24/2015 by Super User

Because Texas is a “no-fault” divorce state, you may obtain a divorce regardless of whether your spouse wants a divorce.

on 07/24/2015 by Super User

Yes. In order to file for divorce in Texas, at least one spouse must have been a resident of Texas for six months prior to filing. The filing spouse also must have been a resident of the county where the petition is being filed for at least 90 days.

on 07/24/2015 by Super User