Divorce

Texas is known as a "no fault" state. This means it is not necessary to prove fault such as adultery or cruelty to obtain a divorce. You must merely establish that the marriage is in such conflict that no reasonable hope of reconciliation exists. Fault grounds are still on the books and are typically used when custody or property is in dispute.

Dallas Divorce Attorney

There is a sixty day waiting period before a divorce can be finalized. The time starts running at the time the divorce is filed with the district clerk.

Besides resolving issues of custody and child support; a divorce resolves issues of property and debt. Texas is a community property state which means all property acquired during a marriage is presumed to be owned equally regardless of whose name is on the title. Property which is owned before the marriage or acquired during the marriage by gift or inheritance is considered separate property. Although the property is owned equally, the court can divide property in unequal shares. The court is merely required to make a just and right division. This is also true regarding debt. The Court can divide the debt in any manner it feels is just and right but it can not alter contracts. Therefore, even if one party is ordered to pay a debt, the creditor can pursue both parties if payment is not made.

Alimony is a common request in the course of a divorce. Texas has a very limited permanent alimony statue. Even if a party is awarded temporary alimony, they may not be eligible for permanent alimony. In order to qualify for permanent alimony, you must first be married at least ten years. If you have a ten year marriage, you must also establish that you are permanently disabled physically or mentally; or, you do not have job skills necessary to find a job that meets your minimum reasonable needs; or, the paying spouse has been convicted of a domestic violence offense two years prior to filing the divorce. Alimony is also limited to three years and a financial cap, unless there is a permanent disability.

A woman can also obtain a name change as part of the divorce decree. She must establish that the name change is not sought for the purpose of evading creditors, has not been convicted of a felony, and does not have felony charges pending.