Divorce

For most people, the prospect of divorce is one filled with uncertainty. Whether you are the one seeking the divorce, or you are the person being served with divorce papers, you need answers to some basic question regarding divorce in Texas.

At the Dallas, Texas, law firm of Palmer & Manuel our experienced team of divorce attorneys has the answers you need. Contact us today for advice and representation throughout your divorce proceedings. In the meantime, here is some helpful general information about divorce in Texas.

What are the grounds for divorce in Texas?

• Texas has very liberal grounds for divorce, making getting a divorce easier than in many other states
• A divorce will be granted if you, your spouse, or both of you decide that your marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and there is no reasonable expectation of reconciliation. This is known as “no-fault” or “insupportable” divorce.
• There are also several “fault” grounds for divorce, including adultery, abandonment, cruelty, abusive conduct and others. While you do not need to allege any of these grounds to obtain a divorce in Texas, the court can consider these allegations when certain issues, such as the division of property, conservatorship and visitation provisions are at issue in the case.

Getting Started – Original Petition

• You must file an Original Petition for Divorce with the District Clerk in the county in which you or your spouse reside.
• After filing the Original Petition, the document must be delivered to your spouse, which is commonly done by having a Sheriff or private process server “serve” your spouse with the papers.

What’s next? Temporary Orders

• Temporary orders may be issued by the court to provide solutions for the period of time between the date the divorce is filed and the date the divorce becomes final. This includes issues such as who will pay the bills, which spouse remains in the home, where the children will stay, and other important matters.
• A temporary restraining order (TRO) or temporary injunction may be issued to prevent the transfer or disposal of property and assets and/or to prevent harassment.

What about our assets, property, and debts?

• Each spouse will be required to accurately disclose information regarding assets and liabilities and may be required to furnish supporting documentation including tax returns, bank account records, credit card statements, and more.
• In Texas, there are two types of property: community property and separate property
• Community property consists of all property, other than separate property, acquired by either spouse during marriage .This is true even if only one spouse has possession of the property. Just because there is only one name on the title, deed, or other important documents does not mean it is separate property. This property is to be divided in a fair and equitable fashion. Note: this does not necessarily mean equal.
• Separate property is defined as property owned prior to marriage; property acquired at any time by gift or inheritance; recoveries for personal injuries sustained by a spouse during marriage (except for loss of earnings); and property exchanged for any of the above items. Ownership of one spouse's separate property cannot be awarded by the Judge to the other spouse.

Settlement or Trial?

• At Palmer & Manuel, L.L.P., we believe that settling your divorce out of court is to the benefit of everyone involved. Out of court settlements are generally less contentious, less stressful, and less expensive. But if the case needs to go to trial, our attorneys have substantial experience in litigating and trying family law cases.
• There are several good alternatives to going to court, including collaborative law and mediation

What about Child Support?

• The Texas Family Code contains pre-determined guidelines for the computation of child support. These guidelines are designed to apply to situations in which the obligor's monthly net resources are $7,000.00* or less. In such cases, the court presumptively applies the following schedule:

 In appropriate situations, the court can set child support above or below the statutory guideline support amount. The percentage is also reduced if there are children from another marriage.

*Effective September 1, 2007

What about spousal support or alimony?

• In general, Texas Courts typically do not order alimony after a divorce is granted. However, while your case is pending temporary spousal support is more commonly awarded. The Court will consider:
• the needs of the requesting spouse
• the ability of the other spouse to pay
• the health and age of the parties, ability to work, responsibility for children, availability of funds, and the length of the marriage

As a general rule, in order to receive alimony after divorce, you must have been married for a period exceeding 10 years and be unable to support yourself. If you meet these two threshold qualifications set forth by the Family Code, you may be awarded to receive up to $2,500 per month for a maximum of three years.

Dealing with emotionally charged family law matters and important business decisions can be difficult, time-consuming, and stressful. The Family Law attorneys with Palmer & Manuel have been Providing Solutions to Family Law clients since 1976. Let our experience be your guide. Together, we will work toward a solution that satisfies your needs. Take the first step by contacting our experienced Dallas family law and business attorneys today. You may also contact our client coordinator, lbrinson@pamlaw.com. We offer convenient office hours, flexible appointment times, and reasonable fees. Visa, MasterCard, and Discover accepted.