When it comes to divorce law in the state of Texas, either of the spouses is required to have lived the state for at least six months and within the county they file for 90 days before they petition for divorce. In addition, a final divorce decree is granted after a 60-day waiting period between the petition for and granting of an uncontested divorce. Texas allows for no-fault and fault grounds for divorce.
In no-fault divorce, either spouse can file to dissolve the marriage for insupportable even in cases where the other spouse does not want a divorce. The grounds for fault divorce in Texas are: adultery, cruel treatment, abandonment, long-term felony incarceration and confinement to a mental hospital. Consequently, if one spouse is proven at fault for the divorce, the court may take that into consideration in determining division of property, spousal support, and child custody. Therefore, evidence and independent facts must prove the alleged fault ground.
Texas Divorce Law Legal Obligation
Furthermore, spousal maintenance in Texas is a legal obligation of financial support by one spouse to another before or after a divorce has been granted. To be eligible for spousal maintenance, the spouse seeking financial support must prove lack of sufficient property, assets, or resources to provide for their minimum reasonable needs. Finally, spousal maintenance eligibility is considered on these factors as well as the duration of the marriage.
Divorce Law – The spouse seeking support must prove one of the following circumstances:
- The other spouse has been convicted of family violence crime within 2 years of the filing of the petition for divorce.
- The spouse seeking divorce cannot earn income because of an incapacitating physical or mental disability.
- He/she has been married to the other spouse for 10 years or longer and lacks the resources to earn sufficient income outside of the home to provide for their minimum reasonable needs.
- The husband or wife seeking divorce is the primary caregiver of a child who requires substantial care due to a physical or mental disability.
We have experience in all investigation situations. For example, our private investigator Houston firm investigated a case where the overall safety of the child was in question after an amicable divorce and parenting plan of joint custody was established.