Texas Divorce Laws

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Texas divorce laws are based on the legal jurisdiction at the central level. However, they comprise of various other provisions that are added by the State Government. The usage of these provisions depends on the type of divorce case. Some aspects of the Texas divorce laws are explained below.

Texas Divorce Laws regarding Alimony

Alimony is the right of a partner who is unable to survive through financial hurdles after divorce. If decided by the partners, the amount of alimony is approved by the court after judging all aspects of a divorce. Otherwise, the issue is solved by the court. The Court may issue orders for alimony only in the following three conditions -

• The spouse distinctly lacks the earning capacity sufficient to offer support for meeting the minimum reasonable requirements of himself or herself.
• The spouse cannot take a job outside the house if he/she is offered legal custody of the child who needs personal supervision and considerable care due to a mental or physical disability.
• The spouse has an incapacitating physical or mental disability due to which it is impossible to support self by means of proper job.

Alimony is determined after consideration of the following factors -

• The efforts taken by the partner requesting alimony to continue current job.
• Any marital misconduct of the partner requesting alimony.
• The input of both partners as a homemaker.
• The property procured by either partner during the marital life.
• The input of one partner in the raised earning capacity, training or education of the another partner.
• The separate property of each partner and the comparative financial sources such as insurance , share benefits, pension benefits etc.
• Actions by either partners that have resulted in irregular or excess expenses or fraudulent disposition, concealment or destruction of community property or other commonly held property.
• The ability of the partner from whom alimony is requested to satisfy self personal needs, personal needs of the spouse requesting alimony and child support amount.
• The mental and physical situation, ability to earn, job details and age of the spouse for alimony.
• The period of marital life.
• The employment skills and education of both partners, the duration required by the partner demanding maintenance, to attain enough educational level or training to seek apt job and the availability and practicality of that education or training.
• The economical resources of the partner requesting spousal support including separate and community property, the liabilities allocated to this partner during the dissolution procedure and this partner's capacity to fulfill self needs independently.

Texas Divorce Laws regarding Child Custody

Child custody is regarded as a vital matter in the divorce process. Often, it becomes a disputable issue as both parents do not agree on the terms of agreement on child custody. The court takes care of the matter if it is not solved by mutual discussion of the partners. The Court is guided by the following issues to take a decision regarding child custody -

• In case the child has completed 12 years, then the preference of the child, regarding who should be offered the exclusive right to undertake the primary responsibility of the child, is taken.
• The geographical closeness of the residences of the parents.
• Prior to filing of the suit, if both parents have taken part in child rearing.
• If each parent can promote and accept a positive relation amongst the other parent and the child.
• Whether the parents have the capacity to consider the welfare of the child as the first priority and complete shared decisions in the best interests of the child.
• Whether the appointment of joint managing conservators would result in a profit in the development, emotional requirements, psychological and physical needs of the child.

The sex of the child or the parent has no significance while allocating custody. It is ascertained that whether in the past any family violence has occurred involving the parents of the child. In such case, custody may be denied to the parent having a history of inappropriate behavior towards the child. The custody will be offered to a single parent allowing the other to visit the child sometimes.

The Residency Requirement in Texas divorce laws

Residency requirements are the important conditions to be met by the applicant before starting the divorce procedure. In Texas, the residency requirement for divorce is of six months. This condition is to be fulfilled by either an applicant or the spouse. No case of divorce shall be entertained in the absence of the required residency in this state.

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