Texas Divorce Information
and FAQ
On the petition of either party to a marriage, the court may
grant a divorce without regard to fault if the marriage has become
insupportable because of discord or conflict of personalities that
destroys the legitimate ends of the marital relationship and
prevents any reasonable expectation of reconciliation. 6.001
General Residency Rule for Divorce Suit A suit for divorce may
not be maintained in this state unless at the time the suit is filed
either the petitioner or the respondent has been:
(1) a domiciliary of this state for the preceding six-month
period; and (2) a resident of the county in which the suit is filed
for the preceding 90-day period.
Pleadings (a) A petition in a suit for dissolution of a marriage
is sufficient without the necessity of specifying the underlying
evidentiary facts if the petition alleges the grounds relied on
substantially in the language of the statute. (b) Allegations of
grounds for relief, matters of defense, or facts relied on for a
temporary order that are stated in short and plain terms are not
subject to special exceptions because of form or sufficiency.
(c) The court shall strike an allegation of evidentiary fact from
the pleadings on the motion of a party or on the court's own motion.
6.402
Answer The respondent in a suit for dissolution of a marriage is
not required to answer on oath or affirmation. 6.403 Waiver of
Service (a) A party to a suit for the dissolution of a marriage may
waive the issuance or service of process after the suit is filed by
filing with the clerk of the court in which the suit is filed the
waiver of the party acknowledging receipt of a copy of the filed
petition. (b) The waiver must contain the mailing address of the
party who executed the waiver.
(c) The waiver must be sworn but may not be sworn before an
attorney in the suit.
(d) The Texas Rules of Civil Procedure do not apply to a waiver
executed under this section. 6.4035
Statement on Alternate Dispute Resolution (a) A party to a
proceeding under this title shall include in the first pleading
filed by the party in the proceeding the following statement:
"I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO
PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES
INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE
RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT
ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A
SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT
SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH
TO RESOLVE BEFORE FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY
ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT
INTERVENTION."
(b) The statement prescribed by Subsection (a) must be
prominently displayed in boldfaced type or capital letters or be
underlined and be signed by the party. (c) The statement prescribed
by Subsection (a) is not required for:
(1) a pleading in which citation on all respondents entitled to
service of citation is requested, issued, and given by publication;
(2) a motion or pleading that seeks a protective order as
provided by Title 4; or
(3) a special appearance under Rule 120a, Texas Rules of Civil
Procedure.
» Return to top Service of Citation Citation on the filing of an
original petition in a suit for dissolution of a marriage shall be
issued and served as in other civil cases. Citation may also be
served on any other person who has or who may assert an interest in
the suit for dissolution of the marriage. 6.408 Citation by
Publication (a) Citation in a suit for dissolution of a marriage may
be by publication as in other civil cases, except that notice shall
be published one time only.
(b) The notice shall be sufficient if given in substantially the
following form: [see USLF divorce package]
... (d) If the citation is for a suit in which a parent-child
relationship does not exist, service by publication may be completed
by posting the citation at the courthouse door for seven days in the
county in which the suit is filed.
(e) If the petitioner or the petitioner's attorney of record
makes an oath that no child presently under 18 years of age was born
or adopted by the spouses and that no appreciable amount of property
was accumulated by the spouses during the marriage, the court may
dispense with the appointment of an attorney ad litem. In a case in
which citation was by publication, a statement of the evidence,
approved and signed by the judge, shall be filed with the papers of
the suit as a part of the record.
Waiting Period (a) The court may not grant a divorce before the
60th day after the date the suit was filed. A decree rendered in
violation of this subsection is not subject to collateral attack.
(b) A waiting period is not required before a court may grant an
annulment or declare a marriage void other than as required in civil
cases generally. 6.702
» Return to top Failure to Answer In a suit for divorce, the
petition may not be taken as confessed if the respondent does not
file an answer. 6.701 Jury In a suit for dissolution of a marriage,
either party may demand a jury trial unless the action is a suit to
annul an underage marriage under Section 6.101 or 6.102. 6.703
Testimony of Husband or Wife (a) In a suit for dissolution of a
marriage, the husband and wife are competent witnesses for and
against each other. A spouse may not be compelled to testify as to a
matter that will incriminate the spouse.
(b) If the husband or wife testifies, the court or jury trying
the case shall determine the credibility of the witness and the
weight to be given the witness's testimony. 6.704
» Return to top Change of Name (a) In a decree of divorce or
annulment, the court shall change the name of a party specifically
requesting the change to a name previously used by the party unless
the court states in the decree a reason for denying the change of
name. (b) The court may not deny a change of name solely to keep the
last name of family members the same.
(c) A change of name does not release a person from liability
incurred by the person under a previous name or defeat a right the
person held under a previous name.
(d) A person whose name is changed under this section may apply
for a change of name certificate from the clerk of the court as
provided by Section 45.106. 6.706
Copy of Decree The clerk of the court shall mail a copy of the
final decree of dissolution of a marriage to the party who waived
service of process under Section 6.4035 by mailing the copy of the
decree to the party at the mailing address contained in the waiver
or to the office of the party's attorney of record. 6.710
Remarriage (a) Except as otherwise provided by this subchapter,
neither party to a divorce may marry a third party before the 31st
day after the date the divorce is decreed.
(b) The former spouses may marry each other at any time. 6.801
Spousal support/alimony Texas Courts have limited authority to
order alimony after a divorce is granted. However, while your case
is pending, the Court has unlimited authority to award temporary
spousal support. The Court will consider the needs of the requesting
spouse and the ability of the other spouse to pay. The Court will
additionally consider the health and age of the parties, ability to
work, responsibility for children, availability of funds, and the
length of the marriage. As a general rule, spousal support will be
ordered for a limited period of time and in an amount necessary to
cover the basic necessities of life. To receive alimony after
divorce, generally you must have been married for a period exceeding
10 years, and in certain situations, you may be qualified to receive
up to $2,500 per month for a maximum of three years.
Property Distribution Texas is a so-called "equitable
distribution" state. This means that the division of property
and debts between the divorcing parties should be fair and
equitable, but not necessarily equal. The court has wide discretion
in dividing property.
Child Custody and Visitation In Texas, there is a rebuttable
presumption that parents should serve as the Joint Managing
Conservators of their children. In Texas, "Conservatorship"
is "Custody" of the children. Joint Managing
Conservatorship does not mean that each party will have the children
one-half of the time. It also does not mean that child support will
not be awarded to one parent. Joint Managing Conservatorship does
mean that the parents will either share, allocate, or apportion
parental rights and duties. In most cases, it also means that the
child's domicile must be established in the final Court orders.
In the absence of extenuating circumstances, it is advisable for
parents to work out appropriate custody arrangements rather than
have strangers do it for them. A custody fight involves a great deal
of time, commitment, and emotional and financial expense. In some
instances, the child can be damaged more by the court action than
the worst trait of the other parent. Further, you need to remember
that your child's other parent will be a continuing part of your
child's life and activities. It will be easier for your child if the
child is kept out of the parents' conflict. This is not possible if
a trial occurs. If you are able to reach an agreement, and make a
commitment to work together to resolve disputes that may arise in
the future, it is very probable that the child will be able to have
both parents at the important events in the child's life.
Child Support The Texas Family Code contains guidelines for the
computation of child support. The guidelines are specifically
designed to apply to situations in which the obligor's monthly net
resources are $6,000.00 or less. In such cases, the court
presumptively applies the following schedule:
1 child ... 20% of Obligor's Net Resources 2 children ... 25% of
Obligor's Net Resources 3 children ... 30% of Obligor's Net
Resources 4 children ... 35% of Obligor's Net Resources 5 children
... 40% of Obligor's Net Resources 6+ children .. Not less than 40%
If the Obligor has children from another relationship, the
percentages listed above may be reduced.
If the obligor's net resources exceed $6,000.00 per month, the
Court shall presumptively apply the above percentages to the first
$6,000.00 of net resources. Without further reference to the
percentage, the court may order additional amounts of child support.
The court may not order the obligor to pay more child support than
the presumptive amount (as calculated by multiplying the above
applicable percentage times $6,000.00) or an amount equal to 100% of
the proven needs of the child, whichever is greater.
Net resources is defined very broadly, and income can also be
imputed to a party.
In addition to monthly child support payments, the payor is
required to maintain the children on the payor's employment health
insurance policy. If insurance is not available through the payor's
employment, but is available through the payee's employment, the
payor will be ordered to pay the premium costs. If insurance is not
available through either parties' employment, the payor will be
ordered to provide insurance coverage to the extent available and
affordable. Additionally, the Court usually makes orders regarding
the payment of deductibles and other uninsured expenses. All Orders
dealing with child support must now be accompanied by an Order of
Withholding. This order, after presented to the payor's employer,
has the Court-ordered child support deducted directly from the
payor's paychecks.
Absent marriage or other acts which would emancipate the child,
child support orders continue until the child reaches age 18. If the
child is in high school at age 18, support continues until high
school graduation. If the child is disabled, it may be possible to
continue child support for an indefinite period. Texas law makes no
provision for support during college, or the payment of college
expenses. However, this can be done by a contract between the
parties if an agreement can be reached on this issue.
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