Houston, Texas Divorce Lawyers & Attorneys in Harris County

COMMON QUESTIONS FOR DIVORCE LAWYERS IN ANAHUAC, TEXAS

What Are the Grounds for Divorce in Texas?

Texas allows for a “no-fault divorce,” meaning a spouse can file without proving misconduct. The most common no-fault ground is insupportability, meaning the marriage has become unsustainable due to conflict or discord with no chance of reconciliation.

However, Texas also recognizes fault-based grounds for divorce, which can influence decisions related to alimony, property division, and child custody. These include:

• Cruelty – One spouse has treated the other cruelly to the point where continuing the marriage is unbearable.
• Adultery – A spouse has engaged in an extramarital affair.
• Felony Conviction – A spouse has been convicted of a felony and has been imprisoned for at least one year.
• Abandonment – A spouse has left the other with the intention of abandonment for at least one continuous year.
• Living Apart – The couple has lived separately for at least three years without cohabitation.
• Confinement in a Mental Institution – One spouse has been confined to a mental institution for at least three years, with little chance of recovery.

While a no-fault divorce is the easiest and most common route, proving fault may impact the division of assets, spousal support, and child custody arrangements.

Residency Requirements for Divorce & Waiting Period in Anahuac, Texas

To file for divorce in Texas:

• At least one spouse must have lived in Texas for at least six months before filing.
• The spouse filing must have lived in the county where the divorce is filed for at least 90 days before submitting the petition.

Once a divorce petition is filed, there is a mandatory 60-day waiting period before a judge can finalize the divorce. This waiting period allows couples time for reconsideration. However, divorces involving child custody, significant assets, or disputes may take several months or even years to resolve, depending on the complexity of the case.

Name of Court and Title of Action/Parties in Anahuac, Texas

In Texas, District Courts handle divorce cases. The divorce process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage. The other spouse (the Respondent) must respond to the petition within a specified timeframe. If the Respondent fails to respond, the court may grant a default divorce in favor of the Petitioner.

The case concludes with a Judgment for Dissolution of Marriage, which legally ends the marriage and outlines terms related to property division, child custody, support, and spousal maintenance.

Legal Separation in Anahuac, Texas

Unlike some states, Texas does not recognize legal separation. This means that even if a couple chooses to live apart, they remain legally married until they complete the divorce process.

However, couples who wish to live separately can establish:

• Temporary orders – These address financial support, child custody, and visitation while the divorce is pending.
• Protective orders – In cases involving domestic violence, these provide legal protection for the victimized spouse and children.
• Separation agreements – While not legally binding as a “separation,” these contracts outline property division, financial responsibilities, and support arrangements.

Spousal Support and Alimony in Chambers County, Texas

Texas distinguishes between spousal maintenance (court-ordered financial support) and alimony (voluntary financial support agreed upon by spouses).

Spousal maintenance is awarded only in limited cases, including:

• The marriage lasted 10 years or more, and the requesting spouse cannot support themselves due to a lack of income or skills.
• The requesting spouse has a disability that prevents them from earning sufficient income.
• The paying spouse was convicted of family violence within the last two years.
• The requesting spouse is the custodial parent of a disabled child requiring full-time care, making employment impossible.

Maintenance payments are typically limited in duration and amount, with courts awarding support only when absolutely necessary.

Distribution of Property and Debt in Anahuac, Texas

Texas is a community property state, meaning most assets and debts acquired during the marriage are equally owned by both spouses and must be divided fairly in a divorce.

However, property division is not always strictly 50/50. Courts may adjust distribution based on factors like:

• Each spouse’s earning capacity and financial needs.
• Who has primary custody of children.
• Whether one spouse wasted marital assets (e.g., through gambling or an affair).

Separate property is not subject to division and includes:

• Property owned before the marriage.
• Inheritances and gifts received by one spouse.
• Personal injury settlements (except for compensation covering lost wages).

Courts may consider prenups and postnups when determining property division.

Child Custody in Chambers County, Texas

In Texas, child custody is called “conservatorship.”

The court prioritizes the best interests of the child and typically grants:

• Joint Managing Conservatorship (JMC) – Both parents share decision-making rights regarding the child’s education, healthcare, and well-being.
• Sole Managing Conservatorship (SMC) – One parent has primary decision-making authority, often due to issues like abuse, neglect, or instability.

While both parents may share legal custody, the child usually resides with one parent (the primary conservator), while the other parent has visitation rights.

If concerns about safety exist (such as abuse or drug use), the court may order supervised visitation or deny access altogether.

Child Support in Anahuac, Texas

Texas law requires both parents to financially support their child. The non-custodial parent typically pays child support based on a percentage of their net income, calculated as follows:

• 1 child: 20% of net income
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5+ children: 40%

Net income includes wages, bonuses, self-employment earnings, and other financial resources after deductions for taxes, Social Security, and health insurance.

Child support continues until the child:

• Turns 18 or graduates from high school (whichever comes later).
• Becomes legally emancipated.
• Has a disability requiring extended support.

Name Change in Chambers County, Texas

A spouse can request a name change during the divorce process, which will be reflected in the final divorce decree.

However, if an individual wants to:

• Change to a name other than their pre-marriage name
• Legally change a child’s name

They must file a separate court petition and provide justification for the change.