Sugar Land family law attorney Chikeersha Puvvada presents a family law learning center for you. Click below to expand your selection and find answers to your questions about family law in Texas.
To file for divorce in Texas, you must have lived in Texas for the past 6 months, and lived in the county where you plan to file for the past 90 days. These rules don't apply to military personal from Texas out of state on duty.
1. Marriage has become "Insupportable" - this is a no-fault divorce where the only reason needed is that the couple can no longer sustain their relationship.
2. Cruel Treatment - either spouse must be guilty of cruel treatment toward the other spouse that renders living together insupportable.
4. Conviction of a felony and imprisonment for at least 1 year.
5. Abandonment for more than 1 year.
6. Separation for more than 3 years.
7. Confinement in a mental hospital for at least 3 years.
In Texas, a divorce cannot be granted until 60 days after the divorce suit is filed. However, that's the earliest a divorce can be granted. If the spouses aren't in agreement on how to end the marriage, then the divorce can take a lot longer. For example, if a trial is necessary, it ideally should take 7 to 12 months to get to trial, but sometimes it may take even longer.
Usually, if the parties reach a settlement agreement and don't go to trial, marital property is divided in whatever way the parties agreed. If the divorce does go through trial, Texas courts have the power to make a "just and right" division of all community property. What's "just and right" is determined by the court on a case by case basis. There are many factors the court can consider, including: fault in breakup, disparity of incomes, disparity of age, spouses' financial positions, spouses' health, children's needs, length of marriage and spouses' earning potential. Note, "just and right" division only extends to community property, and a court does not have the power to divide a spouse's separate property during divorce.
Basically, separate property is any property owned or claimed before marriage. Separate property also includes property inherited or received as a gift during marriage. Finally, separate property also includes any recovery for personal injuries sustained during marriage, excluding recovery for loss of earning capacity.
Community property is any property acquired during marriage that is not separate property. All property is presumed to be community property unless proven otherwise.
For an explanation of how alimony works in Texas, read our article No Alimony, Just Spousal Maintenance.
In Texas, you cannot remarry until 30 days after the court grants your divorce unless the court waives the prohibition against remarriage.
An uncontested divorce is the fastest and cheapest way to get a divorce. For an uncontested divorce to work, both spouses must agree on the divorce settlement. Usually, only one spouse hires an attorney. The attorney files a petition for divorce with the court, and the non-filing spouse signs a Waiver of Citation, thereby relieving the filing spouse from serving the non-filing spouse with process. The attorney then drafts the agreed upon divorce decree and submits the decree to the court. The decree divorces the parties and states, among other matters, how marital property will be divided, custody of any children and spousal maintenance, if any. The attorney and the filing spouse eventually go before the judge. After the attorney asks his client some routine questions, the judge grants the divorce by signing the divorce decree.
There is no such thing as legal separation in Texas. That is, there is no unique legal status in Texas for a couple that is still married but no longer living together. In Texas, either you’re married or you’re not. However, there are options for those who want to remain married but live separately.
In regards to any children, either parent can file a Suit Affecting the Parent-Child Relationship (SAPCR) while still married to the other parent. A SAPCR determines how custody, visitation and child support will work. While SACPRs are typically part of a divorce suit or used when the parents are not married, nothing in the Texas Family Code prevents a SAPCR from being filed by two parents who are still married. In fact, two 2014 cases out of the Second District and Third District of the Court of Appeals of Texas held that child support can be ordered even while the parties are still married to each other.
In regards to assets and debts, a married couple can enter into a marital property agreement to legally divide their assets and debts without the necessity of a divorce.
By using a SAPCR and a marital property agreement, spouses can have many of the legal benefits of a divorce without actually being divorced.
For an explanation of how child support is calculated in Texas, read our article Calculating Child Support.
The court can order child support to be paid until the child is 18 years old or until the child graduates from high school, whichever occurs later. For child support to continue when the child is 18 years old, the child needs to be in an accredited secondary school in a program leading toward a high school diploma. Child support can end early if the child is emancipated by order of a court or through marriage. However, child support can be required indefinitely if the child is disabled.
For an explanation of the basics of conservatorship in Texas, read our article The Basics of Child Custody in Texas.
Texas has a standard possession and visitation order that is presumed by law to be in the best interests of children. For the purpose of answering this frequently asked question, we're assuming both parents have been appointed as the conservators of the child. Also, when we use the term "non-custodial parent," we mean the parent with whom the child does not live.
Under the standard possession order, if the non-custodial parent lives within 100 miles of the primary residence of the child, the non-custodial parent has possession during: (1) the first, third and fifth weekends each month, starting Friday at 6pm and ending Sunday at 6pm, (2) from 6pm to 8pm every Thursday during the school year, (3) the child’s spring vacation during even-numbered years, starting at 6pm on the day school is dismissed for vacation and ending at 6pm on the day before school resumes, and (4) 30 days in the summer.
If the non-custodial parent lives more than 100 miles from the primary residence of the child, the non-custodial parent has two options for possession under the standard possession order. Under the first option, the non-custodial parent has possession the first, third and fifth weekends each month, starting Friday at 6pm and ending Sunday at 6pm. Under the second alternative option, the non-custodial parent has possession one weekend per month, a weekend of the non-custodial parent’s choice, provided the non-custodial parent notifies the custodial parent at least 14 days before the selected weekend. If the non-custodial parent prefers the second alternative option, then the non-custodial parent must select the alternative option by notifying the custodial parent within 90 days after the parents start living more than 100 miles from each other. The non-custodial parent also has possession during: (1) the child’s spring vacation every year, starting at 6pm on the day school is dismissed for vacation and ending at 6pm on the day before school resumes, and (2) 42 days in the summer.
Under the standard possession order, there are certain holiday periods of possession that are unaffected by the distance between the non-custodial parent and the primary residence of the child. The non-custodial parent has possession of the child: (1) in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28; (2) in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after Christmas vacation; and (3) in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday. Also, the parent not otherwise entitled under the standard possession order to possession of the child on the child's birthday gets possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the parent entitled to possession and returns the child to that same place. The father has possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under the standard possession order to possession of the child, he picks up the child from the residence of the mother and returns the child to that same place. The mother has possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under the standard possession order to possession of the child, she picks up the child from the residence of the father and returns the child to that same place.
A common law marriage is when a couple is considered married despite neither having a marriage license nor going through a marriage ceremony. A common law marriage requires that the parties agreed to be married, lived together as husband and wife and represented to others that they were married.
Summary: Learn how the Texas version of alimony works.
Summary: Learn the simple steps you can take before filing for divorce that will help you avoid major headaches during your case.
Summary: One of the most common and difficult questions for a divorce attorney to answer is, “How much will my divorce cost?” In this article, the average cost of divorces in Texas will be discussed along with the factors that can increase the cost of a divorce.
Summary: During a divorce, all property the spouses currently own is presumed to be community property. This is known as the community property presumption, and it can be a powerful ally or a significant hurdle to leap over.
Summary: One of the most common concerns for a party considering filing for divorce is how their spouse will react when served with the divorce papers. Will they empty the bank accounts? Will they start harassing the filing spouse? Will they keep the children from the filing parent? Temporary restraining orders (TROs) are a useful tool to protect people and property from these types of behavior. This article explains what a TRO is and discusses why and when they are needed in a divorce case.
Summary: In an Islamic wedding, the mahr is a required gift of money, property or possessions made by the husband to the wife. Learn how Texas divorce courts treat the issue of a deferred mahr.
Summary: Marrying someone may mean not just marrying that person’s family but also marrying into that person’s family business. However, spouses in such situations who aren’t careful about how they arrange their finances and assets can find themselves with little to nothing if the marriage ends.
Summary: During a divorce case in Texas, a trial court can order one spouse to pay temporary spousal support to the other spouse. The obligation to pay temporary spousal support can last all the way to the end of the divorce case, and the amount of the spousal support is at the discretion of the trial court. This article explores what factors courts have considered in awarding temporary spousal support and the legal basis for temporary spousal support.
Summary: Learn how money both spouses spend now on one spouse's pre-marital debts may be money that has to be paid back during a divorce.
Summary: One of the most common tactics a spouse may engage in prior to filing for divorce is trying to unfairly and surreptitiously reduce the size of the martial estate, also known as the community property in Texas. One of the legal tools an innocent spouse has during a divorce in response to such conduct is known as “fraud on the community.” This article explains what “fraud on the community” means and gives common examples of fraud on the community.
Summary: More and more people are moving to Texas, with Dallas and Houston being the 2nd and 3rd fastest growing cities in the United States. This also means that more and more often, people who are going through a divorce in Texas have to split up property located outside of Texas. This article discusses how the Texas courts treat such out-of-state property during divorce.
Summary: As a divorce attorney, Mr. Puvvada is in the unique position of regularly consulting with individuals who are planning to file for divorce or who have just been served by their spouse with notice of a divorce suit. Their stories have made Mr. Puvvada aware of the way people often act when they are secretly preparing to file for divorce. In this article, we discuss five of the common red flags we’ve seen when a spouse is preparing to file for divorce.
Summary: For most Texans, their home is their most valuable asset. It’s valuable both financially and emotionally. That is why the uncertainty of what will happen to your home after a divorce can be stressful and worrisome. In this article, we will review the various ways a residence can be divided at the end of a divorce.
Summary: The process of a divorce case can be intimidating and confusing for the average person. How does a case start? What happens during the case? How does the case end? These are all very common questions I hear as an attorney. Most divorce cases in Harris County, Texas and Fort Bend County, Texas follow a certain routine. This article will provide a broad overview of the major steps in a routine divorce case in Harris County, Texas and Fort Bend County, Texas. Remember, this article is not about what is fought over in a divorce case, but rather about how the fight happens.
Summary: When a marriage ends, it’s common for one of the spouses to move. Whether a spouse moves to Texas or away from Texas, many individuals end up in a situation in which they want to file for divorce in Texas but their spouse lives in another state or country. This article reviews the issues involved in getting an out-of-state spouse into a Texas divorce court.
Summary: Learn what safeguards can make co-parenting with an abusive ex tolerable.
Summary: Learn how monthly child support obligations are calculated in Texas.
Summary: Learn how one parent can harm the relationship between their child and the other parent.
Summary: Learn how you can reduce the risk that your child is taken and kept overseas by your child's other parent.
Summary: Some immigrants in the United States, whether here legally or not, do not have the legal right to work for a living in the U.S. However, a recent ruling by a Texas appellate court has held that when it comes to calculating the amount of monthly child support, not having a work permit is not an excuse.
Summary: How often do family law attorneys hear the following questions: "What if I get a job that makes less money? Then can I get a court order to pay less child support?" These folks often plan on earning less, getting their child support reduced and then getting a better job. However, the Texas Family Code is a step ahead and allows family courts to use a parent's earning potential when calculating child support if that parent is intentionally underemployed or unemployed.
Summary: The Texas Family Code has a standard possession and visitation order that is presumed by law to be in the best interests of children. However, how summer possession of a child works under the standard possession order can at times be confusing. This article explains in simple terms how summer possession of a child works.
Summary: Which one of us can claim the exemption for our child on our federal income tax returns? This is one of the most common questions encountered by divorce lawyers, and this is understandable considering the exemption was $3,950.00 per child in 2014. The answer is partly in the IRS’s Publication 501 and partly in the visitation and possession provisions of an individual’s divorce or SAPCR order.
Summary: For parents fighting in court over custody issues, the feeling that the court hasn't heard directly from their child can be incredibly frustrating. However, in the appropriate circumstances, the judge in a custody case can meet with the child and find out what the child wants.
Summary: Learn how Texas divorce courts draft visitation schedules for divorced parents when children under three years of age are involved.
Summary: A Suit Affecting the Parent-Child Relationship (SAPCR) is a lawsuit by an individual seeking to establish custodial rights and privileges over a child. What most people in Texas don’t know is that if anyone, other than a foster parent, has had actual care, control, and possession of your child for at least 6 months, then that person can file a SAPCR for your child within 90 days after the 6 month period.
Summary: In Texas, what most people commonly refer to as “child custody” is actually called “conservatorship” under the Texas Family Code. This article reviews the various types of conservatorships in Texas.
Summary: If a parent does not comply with the visitation provisions in a court’s final order, the other parent can ask the court to punish the non-complying parent. This is known as enforcement. This article is divided into two parts. Part 1 reviews the steps that should be taken before filing an enforcement case with the court. Part 2 describes the enforcement case itself.
Summary: In Texas, parents often think that if there is no child support order in place, then they have no responsibility to pay child support to the other parent. That is not always true. In certain situations, a court can order a parent to make future child support payments to make up for child support payments that the court believes should have been made in the past when no child support order was in place. This is retroactive child support.
Summary: Sometimes, the terms of custody and visitation in your current order no longer work due to a change in the circumstances of you, your children or your children's other parent. This article discusses the requirements under Texas law to modify an existing conservatorship order.
Summary: Learn who gets the engagement ring when the wedding is called off.
Summary: One of the more interesting and counterintuitive aspects of marital property law in Texas is that income earned from separate property during marriage is community property. This article explains and shows practical applications of this law.
Summary: What better time than the holiday season to talk about how gifts are treated under Texas’ marital property system? This article will review who actually owns a gift given to a married person or couple.
Summary: Many individuals come into a marriage with a bank account already set up. If the balance in your pre-marriage bank account is significant, then the “community out first” rule will have a big impact on how much of your account balance is exposed to creditors and subject to division during a divorce.
Summary: A marital property agreement, often referred to as a post-nup, can be a powerful asset protection tool against creditors, especially creditors from lawsuits.In this article, we use the example of imaginary couple Brian and Amy to illustrate the benefits of the post-nup as an asset protection tool.
Summary: When you are married, you may no longer be liable for just your own debts. Marital property and debts fall into different legal categories that have a significant impact on which spouse is on the hook for what debt. This article explains how liability for debts is apportioned between spouses under Texas law.
Summary: A pre-marital agreement can not only protect spouses in case of a divorce, but it can also serve as a powerful asset protection tool. This article discusses what a valid marital property agreement looks like and the benefits of a martial property agreement.
For men who get left at the altar, the double whammy can come when the runaway bride decides to keep the engagement ring. With the traditional rule being spend three months’ salary on the engagement ring, men who have given an engagement ring but aren’t going to have a wedding are looking to recoup a significant financial investment. Football player Mario Williams is an extreme example of this. He sued his ex-fiance to recover the $785,000.00 engagement ring he had given her when their wedding was called off. Football player Roy Williams also had to sue his ex-fiance to get back the $76,000.00 engagement ring he had given her.
So who does the engagement ring belong to if the wedding is called off? The answer really depends on who does the calling off. Under Texas law, an engagement ring is a conditional gift. That means the gift is only complete upon the completion of a condition, which in the case of engagement rings is the wedding.