Texas Divorce Questions

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Before you file a divorce in any state, you would like to know the legal divorce procedure followed in that state. There are several legal laws that you need be aware about before you actually file a divorce. By reviewing the answers to these questions, you would be easily able to understand the divorce procedures in Texas. You should be aware about the conditions of separation, amount of alimony to be paid, child custody law, visitation rights, points to be discussed during child custody, residency requirements, venue of filing a divorce, waiting period of the divorce procedure, acceptable grounds of divorce, and the documents used to commence and terminate a divorce. Here we have provided few Texas divorce questions and answers that will help to understand in a simple manner, the legal divorce procedures that are followed in Texas.

Following are some examples of Texas divorce questions:

Which conditions of separation are adhered to in this state?

A. The divorcing partners must reside distant and separate for minimum 3 years.

Q.What is the amount of alimony that needs to be paid?

A. The laws specify that the amount of alimony should be 20 percent of the gross income or maximum 2500 USD per month.

Q. Discuss the visitation rights of the grandparents?

A. Grandparents can visit and speak with their grandchildren after procuring permission from the divorce court. In the recent up-gradation of the divorce laws, it was decided that weekends must be reserved for the visitation of the grandparents.

Q. Which points are kept in mind while discussing child custody?

A. The court maintains that the interest of the child regarding child custody should be given first preference. However, if the child is immature, then the following points are considered.

  • The interests of the parent to serve the child
  • Which parent would make better decisions in favor of the child
The gender of the parent is never given any importance by the court.

Q. In Texas what are the residence requirements to file a divorce?

A. The divorcing partner, who files for divorce, must be a resident of this state for minimum 6 months. In order to claim a divorce, either wife or husband must be a resident of this state.

Q. Can divorcing couples, who are claiming an uncontested divorce, hire a single divorce lawyer?

A. Although, all the divorce issues are settled in an uncontested divorce, it is not allowed by law, that one divorce lawyer can represent both the divorcing partners.

Q. What is the proper venue for filing a divorce case?

A. The District Court is the correct venue for filing of a divorce case. However, this court might refer the case to a subsidiary Family Law District Court.

Q. Is there any waiting period in a divorce procedure in this state?

A. From the date of filing of the divorce action, there is a waiting period of minimum 60 days, on completion of which, the divorce might be granted. It has been observed that some cases need more than 60 days as the analysis of facts and finalization of the legal documents takes time.

Q. What grounds of divorce are accepted in this state?

A. Fault grounds

  • Confinement in mental hospital (for minimum 3 years)
  • Living apart (for minimum 3 years)
  • Abandonment
  • Conviction of felony (minimum 1 year in prison)
  • Adultery
  • Cruelty
No Fault grounds
  • Due to conflict of personalities or discord, the marriage has become insupportable and the marital relation has been destroyed. There is no further scope for reconciliation.

Q. What are the names of the documents used to commence and terminate a divorce?

A. The Original Petition for Divorce is used to commence the document. The Decree of Divorce is used to grant the divorce and terminate the divorce procedure.

The list of Texas divorce questions that are provided above have been collated considering generic queries that would arise in the minds of people thinking of getting a divorce. You need to know the legal documents that are used to commence and terminate the divorce. Before you file a divorce, you should know the fault or no fault grounds on which you can file the divorce. You would like to know whether the grandparents will be provided visitation rights and what are the updated made to visitation law. It is important to keep one updated about the divorce laws, during the proceedings of divorce case. Before filing a divorce, you should be aware about the minimum residency requirements in Texas.

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