Texas

What are the grounds for filing for divorce in Texas?

There are seven grounds for divorce allowed under Texas law. The first is insupportability. Insupportability means "discord or conflict of personalities" that has prevented any "reasonable expectation of reconciliation." Another ground for divorce is living apart. This ground requires that the "spouses have lived apart without cohabitation for at least three years." The third ground for divorce is confinement in a mental hospital, and requires that one spouse be confined in a state or private mental hospital for at least three years plus the requirement that "the mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, relapse is probable" The next ground is cruelty, which occurs when one spouse treats the other spouse cruelly and living together is insupportable. Abandonment can also be a reason for divorce, and requires that one spouse has "left the complaining spouse with the intention of abandonment; and remained away for at least one year." Conviction of a felony and adultery are the last two grounds. It is important to note that the person alleging grounds for divorce must also prove those grounds. For example, when a spouse suspects adultery that spouse must be able to prove the adultery occurred.

How much will my divorce cost?

It is very difficult to predict the cost of a divorce. It all depends on the issues involved and how the opposing party is going to respond to the divorce. However, the more issues (i.e. custody, property valuations, fitness of a parent) that arise and the number of contested issues will add to the cost of the divorce. The more issues that clients and the opposing party can agree on, the lower the cost of the divorce. When discussing whether or not a client can afford to go through a divorce, we often explain to the client that there are highs and lows in a divorce case. At the onset of a case, fees will be quite expensive with getting the initial pleadings (petitions and answers) filed and working on getting temporary orders (dealing with possession and access to children, property issues and financials) issued. Typically there is a lull in the case while the parties are conducting and reviewing discovery, evaluating the parties (fitness as a parent), and negotiating for a final settlement. During this lull, we recommend that parties begin to build a "war chest" by saving money, borrowing from family, or gathering other resources so that once we are ready to go to final trial or to draft the final decree of divorce, the parties will be financially able to proceed.

Can I annul my marriage?

Yes, you can get an annulment in Texas. Typically annulments are granted if there was a legal deficiency in the marriage. Examples include: one of the parties was underage; one of the parties was under the influence of drugs or alcohol; one of the parties is impotent; or one of the parties is mentally incapacitated. Not finding the answer you are looking for? Browse our entire Texas Divorce FAQ.

Can a parent refuse to allow visitation if child support is not paid?

No, child support and visitation do not go hand-in-hand. While the court can take into consideration how much possession and access to the child(ren) is being exercised when determining the amount of child support to be paid to an obligee, a parent nor a court can refuse to allow visitation solely on the issue of non-payment of child support.

Can I modify custody?

You can modify custody if it is in the best interests of the child and: 1.) the parents agree; 2.) if the child is 12 years old or older and tells the court he wants to change his primary caretaker; 3.) the person with the right to determine the primary residence relinquishes care and possession of the child for at least 6 months; or there has been a material and substantial change in the circumstances of either the child, the parent, the conservator or another significant party. The most common way people modify custody is by showing that there has been a significant change in a party’s circumstances, which is a very broad category and can be proven in a variety of ways. Not finding the answer you are looking for? Browse our entire Texas Child Custody FAQ.