FAQ’S-The Texas Divorce Process

General Residency Rule for Divorce Suit

Asuit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:

1) A domiciliary of this state for the preceding six month period.

2) A resident of the county in which the suit is filed for the preceding 90-day period.

What are grounds for divorce?

The court may grant a divorce without regard to fault (“no fault divorce”), cruelty, adultery, conviction of felony, abandonment, living apart or confinement in mental hospital.

Is it separate or community property?

Community property consists of the property, other than separate property, acquired by either spouse during marriage. A spouse’s separate property consists of:

1) The property owned or claimed by the spouse before marriage,

2) The property acquired by the spouse during the marriage by gift, devise or descent and

3) The recovery for personal injuries sustained by the spouse during the marriage.

Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is separate property is clear and convincing evidence. If one spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may arise from that property.

What property is divided in a divorce?

All property and assets should be divided in a divorce, including but not limited to: The rights of both spouses in a pension, retirement plan, annuity, individual retirement account, employee stock option plan, stock option or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant, regardless of whether the person is self-employed, in the nature of compensation or savings. In a decree of divorce, the court shall specifically divide or award the rights of each spouse in an insurance policy.