Although the state of Texas has what is known as “no-fault divorce”, which means you do not need to have grounds for divorce, some of the most common grounds are:

• Insupportability – in legal terms, a “conflict or discord of personalities” such that it prevents any potential for a “reasonable expectation of reconciliation”.
• Living Apart – defined as living separately in the absence of cohabitation for a period of three years or longer.
• Cruelty, adultery, or conviction of a felony
• Abandonment – requiring that one spouse left the other with the intention of abandonment and remained absent for a minimum of one year

When you receive a Petition for Dissolution of Marriage (Divorce), you need to file a written response with the court. This is basically a written notice of your positions on each paragraph or statement in the original filed Petition. Essentially, it is your opportunity to agree to, object to, admit to, or deny what is being stated or requested by your spouse.

Many people may file the Answer, believing this is enough to protect themselves throughout the divorce proceedings. However, from a legal standpoint, this may not always be true, and it is usually best practice to file both an Answer and a Counter-Petition.

Yes, you can get a divorce in Texas as long as you’ve lived in the State for a continuous period of at least 6 months and 90 days in the County, even if your spouse does not live in Texas.

Yes, there are several steps your attorney can take to get you a divorce, even if the other party does not want to.

Yes, the court may require additional steps to show that you did everything possible to try to serve or notify your spouse about the divorce, but it can be done.

In Texas there is a 60 day waiting period by law from the day you file the petition – but on average a divorce can take about 5-12 months depending on how fast the parties can reach an agreement and the court timing.

All property acquired during the divorce is usually considered to be marital property, unless it can be proven that it is separate property.

Texas courts tend to favor arrangements that involve joint custody, often with one parent awarded primary physical custody and the other parent awarded visitation/parenting time and typically ordered to pay child support.

The Family Code of Texas is used by the court to determine child custody arrangements. Depending on certain factors, including (but not exclusive of) both parents’ finances, ages of children, health, etc., legal rights and responsibilities will be determined for both parents, including:

• Where the child will live the majority of the time (primary residential/physical custody)
• Making decisions regarding education, medical care, religion (legal custody)

Without a custody order signed by a judge, police won’t get involved. You will need to file a Suit Affecting Parent Child Relationship in order to obtain an order granting a specific custody arrangement. Once an order is in place, if the other party attempts to break it, it’s possible to enforce it in court or with the authorities.

Once custody has been determined by a court through a Decree of Divorce or Decree of Custody, you must show a substantial or material change of circumstances which was not anticipated at the time of the decree prior to making any modification. Then you must show that because of this change it would be in the best interest of the minor child that there be a change in custody.

However, an immediate modification of parenting time can be requested if it is shown that the child’s present environment may endanger the child’s physical health.

Calculation of child support in Texas is made at the court’s discretion, taking into consideration a number of factors such as:

• Salary, wages, and other income
• Receipt of government benefits
• Retirement benefits
• Severance pay
• Alimony, prizes, gifts, or other costs

Upon making a determination, the court will designate a percentage of income that is required to be paid monthly as child support to the custodial parent.

The Following is Typical in Texas:

• 20% of net financial resources monthly for one child
• 25% for two children
• 30% for three children
• 35% for four children
• With 5 or more children commanding 40% or more

There are additional factors that the court may consider when determining child support payments, based on the guidelines in Family Code Chapter 154.123. Some of the other factors the judge may consider include:

• The child’s age and needs
• The ability of both parents to financially support the child
• Any financial resources that are available to support the child
• Each parent’s amount of time spent with and access to the child
• The cost of child care expenses incurred by either parent in order to maintain employment
• Whether either parent has physical custody of another child
• The amount of alimony or spousal support being paid or received by either parent

Child support never changes automatically. If the circumstances of the parents or the children change in a way that might affect child support, the affected parent needs to seek a change in the order that requires payment of child support.

Again, if the child support order was made by a court as part of a divorce proceeding, the parent who seeks a change in child support would need to return to the court that issued the order. They would file a petition for modification of child support. Local courts may require the use of certain forms, e.g. a post-judgment modification of support or custody form. If a person’s income fluctuates significantly from year-to-year, they may check with their local family law court to see if the court has documents for explaining this situation to the court.

Usually, a child is considered an adult when they reach the age of 18 and is no longer entitled to support from either parent. In a child support order, a judge may even state that it expires when the child reaches the age of 18. Or, if a child passes away, child support payments would end. Or, if a child successfully seeks emancipation before turning 18, then the non-custodial parent’s child support obligation would end.

However, child support may continue if it is shown that the child has a mental or physical issue that makes them dependent on parental support continuing into adulthood.