by Sarath K.K

Created on: November 16, 2011   Last Updated: November 17, 2011

There are a number of rules and regulations that must be kept in mind while filing a divorce. The following is the gist of the laws that are to be followed in the state of Texas. 

For the case to be valid, either one of the partners should be or should have been a resident of the state for at least a period of half an year. It is also required that he/she should have lived in the region where the case was filed for a certain period. The period is usually 3 months. The district court is where all petitions should be submitted.

Legal split-up

Temporary orders can be filed when the divorce is filed for official split-up. There are no exact provisions for separation though.

According to the Texas Statutes: Family Code, Chapter 6.001 to 6.007, a court will grant divorce in case of a number of faults such as

Betrayal

Desertion

Confinement

Living apart without living together for more than 3 years

Brutality

Conviction of offense

Divorce will also be granted on the basis of conflicting dissimilarities.

Meditation and/or counseling

The time during which the divorce suit will be pending may be used by the parties for meditation or counseling as directed by the court. The first counselor shall give a report as to whether there is a chance of settlement of the two parties upon further counseling. On the basis of the report, the court can address the parties to attend counseling for a period not exceeding two months. The terms and conditions shall be decided by the court. If the couple has got children aged less than 18 they shall also be ordered to attend counseling which will discuss issues that confront children.

Custody of children

Emphasis will be given on the interest of the child to choose the official guardian. Factors like gender will not affect the decision in any manner. If either party has got a criminal record, he/she shall have meager chances of getting custody of the children.

Child provisions

Till the child reaches adulthood or graduation from high school, he/she shall be supported by either or both of the parents. In other cases, support will have to be provided till the child is married or till his/her disabilities are removed. Alternate decisions like support till death are also possible. The mode of payment shall be under sole discretion of the court.

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