What You Should Know About Texas Child Custody During Divorce

Divorce can be a tumultuous journey, especially when children are involved. The emotional turbulence is often compounded by the complexities of child custody laws, which vary significantly from one state to another, making it essential for parents to understand their rights and responsibilities in Texas.

In Texas, navigating child custody during divorce requires knowledge of residency requirements, grounds for divorce, and the overall divorce process. Parents must be acutely aware of provisions for both legal and physical custody and how these may affect their relationship with their children post-divorce.

This article will break down the essential aspects of Texas child custody during divorce, providing guidance on the legal framework, types of custody arrangements, and resources available for parents to ensure they are adequately informed and prepared for this challenging experience.

Getting a divorce in Texas can be complex. Here's a simple guide to help you understand.

You or your spouse must live in Texas for at least six months before filing. Further, one must live in the county for 90 days.

Texas recognizes no-fault divorces. Proving fault isn’t necessary unless you choose to do so, such as for adultery or cruelty.

• Uncontested Divorce: Both parties agree on terms.
• Contested Divorce: Disagreements lead to court intervention.

1. Filing a Petition: Start by filing a divorce petition.
2. Service of Process: Legally inform your spouse.
3. 60-Day Waiting Period: Mandatory wait after filing.
4. Finalizing Divorce Decree: Concludes the process.

• Minor Children: Decide on child custody and support.
• Property Division: Determine community vs. separate property.

Filing fees vary, and legal advice is recommended for navigating family law.

For a smoother divorce process, understand Texas's legal requirements and procedures.

When considering a divorce in Texas, understanding residency requirements is crucial. To file for divorce, at least one spouse must have lived in Texas for at least six months. Additionally, that spouse must have resided in the county where the divorce is filed for a minimum of 90 days.

Meeting these requirements is essential before submitting a divorce petition. This ensures that the Texas courts have jurisdiction over the case.

In Texas, there are different grounds for divorce. The grounds determine why the couple is ending their marriage. Understanding these reasons is important for anyone considering a divorce.

A no-fault divorce is the simplest type of divorce in Texas. This type of divorce does not require anyone to be at fault. Instead, the couple can say they have "insupportable differences." This means that they cannot get along and that it is unlikely they will ever agree. No-fault divorces are common because they are often less stressful and quicker.

Fault-based divorces mean one spouse blames the other for the marriage ending. Texas has several reasons you can use for a fault-based divorce:

• Adultery: One spouse has cheated.
• Cruel Treatment: One spouse has treated the other cruelly, making living together impossible.
• Abandonment: One spouse leaves and stays away for at least a year.
• Felony Conviction: One spouse has been convicted of a felony and sentenced to at least a year in prison.
• Living Apart: The couple has lived apart without cohabitation for three years.
• Confinement in a Mental Hospital: One spouse has been confined to a mental hospital for at least three years due to mental illness.

Knowing which grounds apply to your case can affect the divorce proceedings. Fault-based divorces can be more complex because they often involve proving the other spouse's fault in court.

When couples decide to end their marriage in Texas, they have several options. The type of divorce they choose depends on their circumstances. Texas allows both contested and uncontested divorces. Each type has different processes and implications.

A contested divorce occurs when the spouses cannot agree on one or more issues. These issues could involve child custody, division of property, or other important matters. Since there is disagreement, these divorces often require court intervention.

1. Grounds for Contest: Common reasons include disagreements over:
   • Child Custody: Who will the minor children live with?
   • Marital Property: How will community and real property be divided?
   • Family Violence: Are there issues of safety that need addressing?
2. Process Steps:
   • Filing a Divorce Petition: One spouse starts the divorce.
   • Service of Process: The other spouse is notified of the proceedings.
   • Court Hearings: The court will hear arguments from both sides.
   • Divorce Decree: A judge decides on contested issues, and the final decree is issued.
3. Considerations: Contested divorces can be lengthy and expensive due to legal fees and court costs.

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.