Texas Divorce Law Court Guidelines

When a couple finds that their marriage isn’t working out, they may consider divorce as an option. Texas divorce law can be complicated, especially if the couple must deal with custody arrangements for minor children from the marriage. While Texas divorce law is not as strict as some states, spouses should consult with an attorney before they start the process. The experienced Texas divorce law attorneys at Arguello Law Firm can help spouses navigate the complexities of the divorce process.

Texas Divorce Law: Common Law Marriage

Some couples may forgo the traditional marriage ceremonies and choose to live together as husband and wife. These arrangements can be consider a “common law marriage” if the spouses live together for at least two years and present themselves as a married couple. For example, a couple that files joint income taxes, lists each other as insurance beneficiaries, or use the same last name are considered a common law married couple. While Texas divorce law does not require common law couples to file for divorce, a divorce filing can help with the equitable division of any marital assets.

Texas Divorce Law: Legal Separation

Common law married couples who are separated for at least two years need not file for divorce under Texas divorce law. For traditional married couples, Texas divorce law does not provide for legal separation. Couples who are seeking a divorce must file in their county of residence to qualify for protection of their assets. A family law judge can issue temporary orders regarding asset management and child custody while the divorce proceedings are in progress.

Texas Divorce Law: Community Property

Texas divorce law considers nearly all property either spouse receives during the marriage as “community property.” Some property, such as assets received as a gift or inheritance, are considered the property of the spouse who received it and are not eligible for community property distribution. Texas divorce law does not require that community property be distributed evenly between the spouses. The judge can decide on the division of community property based on the income or assets of the spouses, as well as any fault involved in the divorce, such as abuse or adultery.

Texas Divorce Law: Temporary Orders

In some cases, Texas divorce law allows judges to issue temporary orders. A temporary restraining order (TRO) is an order prohibiting either spouse from damaging the marital property or harassing the other spouse or children. The TRO last for 14 days, which allows the court to set up a temporary orders hearing. This hearing gives Texas divorce law judges time to establish ground rules for the divorce process, such as who will live in the couple’s home, who will have temporary custody of the children, and any issues surrounding spousal support payments.

Source: Texas Tech University

Get Answers For Your Texas Divorce Law Questions

To find out how we can answer your questions about your Texas divorce law case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands Texas divorce law and how your status affects your case. You can also fill out the “Free Case Evaluation” form at the top of this page.