TEXAS FAMILY LAW AND DIVORCE

The decision to file or answer a divorce lawsuit is not an easy one. You do need an attorney well versed in family law to protect your property and rights as a parent. David Volk, Attorney at Law offers the following services:

- Texas Divorce- Agreed/Uncontested and Contested
- Child Custody
- Child Support Enforcement
- Protective Orders
- Name Changes- For Adult or Child
- Access to Adoption Records

Do you have questions regarding a possible case? Fill out our on-line consultation form.

  • GROUNDS FOR TEXAS DIVORCE

    There are statutory grounds for divorce in Texas:
    6.001. Insupportability (the most common ground for divorce in Texas);
    6.002. Cruelty;
    6.003. Adultery;
    6.004. Conviction of Felony;
    6.005. Abandonment;
    6.006. Living Apart; and
    6.007. Confinement in Mental Hospital.
     
  • RESIDENCE QUALIFICATIONS FOR TEXAS DIVORCE

    A suit for divorce may not be maintained in Texas unless at the time the suit is filed either the petitioner or the respondent has been:
    a). domiciled in the State of Texas for the preceding six-month period; and
    b). a resident of the Texas county in which the suit is filed for the preceding 90-day period.
    NOTE: Texas provides certain jurisdiction, venue, and residence qualification provisions which apply only to members of the Armed Forces and/or "other service of the United States or of this state."
     
  • WAITING PERIODS FOR DIVORCE AND REMARRIAGE IN TEXAS

    a). A court may not grant a divorce before the 60th day after the date the suit was filed.
    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.
     
  • TEXAS DIVORCE FILING FEES

    You should contact the court clerk of the county in which you will be filing your papers for the current filing fee. You may be able to apply for a waiver of fees if you cannot afford to pay or if you are on public assistance.
     
  • PROTECTIVE ORDERS AND TEMPORARY RESTRAINING ORDERS

    After filing for divorce in Texas either party may petition the court for orders pursuant to statute. These orders may include:
    a). Temporary Restraining Orders (without notice to the other party) to protect against unreasonable and harassing actions
    b). Temporary Injunctions and Temporary Orders after notice and hearing "for the preservation of the property and protection of the parties"
    c). Protective Orders in Cases of Family Violence for up to 2 years
     
  • CHILD CUSTODY AND CHILD SUPPORT IN TEXAS

    The parent who is given custody by the court is designated the "managing conservator." Texas lawyers often refer to this parent as the "Primary Managing Conservator."
    The parent who is given visitation rights is called the "possessory conservator."
    When parents are awarded joint custody they are each called "joint managing conservators."

    Either the mother or father may be ordered to pay child support. Child support is established by statutory guidelines.
     
  • DIVISION OF PROPERTY IN A TEXAS DIVORCE

    Texas is a "Community Property" state. Generally, each spouse is entitled to a "just and right" division of community property. However, the parties may contractually agree to a suitable property division or the court may order a division of the estate in a manner that the court deems "just and right" after considering the rights of each party and any children of the marriage.

    Community Property is all property other than separate property, acquired by either spouse during marriage.

    Separate Property is:
    a). the property owned or claimed by the spouse before marriage;
    b). the property acquired by the spouse during marriage by gift, devise, or descent; or
    c). the recovery of personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.
     
  • TEMPORARY SUPPORT

    After filing for divorce or annulment, the judge may order one spouse to pay the other temporary support while the divorce is pending.
     
  • ALIMONY

    There is no alimony in Texas.
    However, limited "spousal maintenance" may be awarded:
    a). upon agreement by the parties;
    b). by order of the court if the marriage lasted for more than ten years; or
    c). by order of the court against one spouse convicted of family violence against the other spouse.
     
  • CHANGE OF NAME

    In a decree of divorce or annulment in Texas, the court shall change the name of the 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.
     
  • REMARRIAGE

    In Texas neither party may marry a third party before the 31st day after the date the divorce is decreed.
    However, the former spouses may marry or remarry each other at any time.


    •  (This page is designed by David Volk, Attorney at law, to offer an overview of Texas law. Do not rely on it for legal advice. Every case is different depending on the facts and circumstances surrounding your family law case. We recommend that you consult with a licensed attorney to discuss the specifics of your case.)