Statutory Reference to Texas Family Code Annotated:

Residence: §§ 6.301, 6.702

Divorce: §§ 6.001 - 6.008

Property Division: §§ 7.001 - 7.006

Alimony: §§ 8.001 - 8.011

Custody: §§ 153.004 - 153.431

Visitation: §§ 153.432 - 153.434

Child Support: §§ 154.001 -154.309

 

Residence:

One of the parties must have resided in Texas for six months and must have resided for 90 days in the county prior to the filing of the complaint.

There is a sixty-day waiting period between filing for and granting of divorce.

 

Grounds:

No-fault: (1) The marriage has become unsupportable because of discord or conflict that has destroyed the legitimate ends of marriage; (2) living separate and apart without cohabitation for three years. 

Fault: (1) adultery; (2) abandonment; (3) confinement for incurable insanity for three years; (4) conviction of a felony and imprisonment for over 1 year; (5) cruel and inhuman treatment.  Condonation may be asserted as a defense only if there is a reasonable expectation of reconciliation. 

 

Distribution of Property:

Texas is a community property state.  Property acquired by either spouse during the marriage is presumed to be community property, and such property shall be divided equally, unless the court finds that such a division would be injust.  The court may also divide property acquired by either party during the marriage while residing outside the state of Texas which would have been community property had the parties been residing in Texas. 

 

Alimony/Spousal Support:

The court may award maintenance for a spouse only if (1) the spouse from whom maintenance is sought has been convicted of domestic violence within 2 years before the suit for dissolution; OR (2) the duration of the marriage is more than 10 years; AND (1) the spouse seeking maintenance lacks sufficient property to provide for his/her reasonable minimum needs; OR (2) is unable to support him/herself through employment because of an incapacitating physical or mental disability; OR (3) is the custodial of a child who requires substantial care and supervision on account of a physical or mental disability; OR (4) clearly lacks earning ability in the labor market to provide for minimum reasonable needs. 

If the court finds maintenance should be awarded, the appropriate amount shall be determined on the basis of 16 enumerated factors.

A maintenance award may not last longer than three years unless there is a compelling impediment to the recipient spouse obtaining gainful employment.

 

Child Custody/Visitation:

Joint or sole "managing conservatorship" [custody] is determined according to the best interests of the child.  There is a rebuttable presumption that the appointment of the parents as joint managing conservators is in the best interests of the child, which presumption shall be removed upon a finding of a history of family violence.

The court shall also consider the best interests of the child when considering the factors to be considered in deciding upon the terms and conditions of the rights of the possessory conservator (parent with visitation).

 

Child Support:

Child support guidelines, by statute, are based on a percentage of income of the noncustodial parent's net income.  Support terminates at age 18 or graduation from high school, whichever is later.  No statute or case law requires support for college.