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What should I know about divorce in Texas?

On Behalf of | Dec 23, 2019 | Divorce

Sometimes, marriage does not always work out according to how you picture it when you are exchanging vows. You may want to put an end to it. If you are living in Texas, there are several things that you should be aware of when filing for divorce.

You do not need any grounds for a divorce to take place. Texas is a no-fault state, thereby allowing you to file for divorce even without evidence supporting your reason for the divorce. The court, however, considers fault when there is need for division of property. Some of the reasons the court recognizes as fault include cruel treatment, abandonment of at least a year, adultery, and estrangement of not less than three years, among other reasons.

Not everyone may file for divorce. SmartAsset indicates that either you or your spouse needs to have been a resident of Texas for not less than six months. Also, you need to submit the divorce in a specific county, having been a resident of that county for 90 days and more.

When the court splits up property, it assumes that everything you have, you co-own. Therefore, all your property will be divided equally between you and your spouse. It does not only affect your property but also your debt is split evenly. However, if you have assets that exclusively belong to you, like that which you had before the marriage, the court separates that from the property to be divided.

Since all the property that you acquire during your period of marriage is communal, the court considers several factors when dividing the property. Such factors include the spouses earning potential, age, the size of the estate, the parent that keeps the children, plus many more. You may choose to meditate and agree on how to divide the property if you do not want to go to court.

This information is only for educative purposes. Please do not consider it to be legal advice.