If you are planning to file for a divorce in Texas, now is the time to meet with David Enos, an experienced Amarillo divorce lawyer for a free consultation. He can review your case and let you know what to expect and how to plan for your divorce. Unfortunately many people in Amarillo wind up filing bankruptcy after a divorce. David Enos is an experienced bankruptcy attorney and can answer you financial questions.
With over 20 years experience David Enos understands how painful and traumatic a divorce can be. Contact our office and schedule a free consultation to learn how we can help you throughout your divorce and related legal matters.
The divorce process begins when you or your spouse decide that the marriage should be ended. There are many reasons why this may happen, such as an affair, abandonment, abuse but usually it is just a matter personality differences as the husband and wife grow apart over time. Regardless of the reasons for the divorce, you will have to meet certain legal requirements before you can successfully obtain a divorce in Texas.
Grounds for Divorce
Texas is both a “no fault” and “fault” divorce state, which means that spouses can file for divorce without just because they want to or may claim certain legal grounds for divorce. In Texas, the following are considered legitimate grounds for divorce: cruelty, adultery, long-term imprisonment (over 1 year sentence), abandonment (over 1 year), living apart (at least 3 years) and confinement in a mental institution (at least 3 years). After a spouse feels that they have sufficient grounds for divorce or feels that the divorce is “no fault,” they may file a Petition for Divorce with the District court in the county where either party lives.
Texas Divorce Residency Requirements
Before someone can file for a divorce, they or their spouse must meet the residency requirements. In Texas, one of the spouses must be a resident of the state for at least 6 months and one of the spouses must be a resident of the county where they are filing for divorce for at least 90 days. David Enos files divorces in Potter County, Randall County, Deaf Smith County, Moore County, Gray County, Hartley County and Dallam
Recent Blogs - What Do Texas Courts Consider When Determining “Primary Custody”?
The, term “primary custody” is misleading in Texas. The closest standard in our state is to determine which parent has the exclusive right to designate the child’s primary residence, since parents are presumed to have joint/equal parental rights and the standard possession order gives each parent an almost equal amount of possession/custodial time.
When determining whether a parent will be appointed as a joint managing conservator (“JMC”), Texas courts look to see if there has been a history of family violence by one parent toward other members of the household. If the court finds one parent has committed family violence, or has a history or pattern of child abuse/neglect, physical or sexual abuse, or sexual assault, that parent may not be appointed as a JMC, and the court may also limit or restrict that parent’s periods of possession/custodial time. See Tex. Family Code § 153.004.
Other factors include:
The parent’s ability to give first priority to the child’s welfare;
The parent’s ability to reach shared decisions in the child’s best interest;
The parent’s ability to encourage and accept a positive relationship between the child and the other parent;
The parent’s role/participation in the child’s rearing;
Whether appointment of the parent as JMC will benefit the child’s physical, psychological and emotional needs and development; and
Where the parents live in relation to one another.
See Tex. Family Code § 153.134.
If one parent has clearly been uninvolved in caring for the child’s basic needs and upbringing, has not been active in the child’s daily activities and schooling, disparages the other parent or actively discourages the child from a relationship with the other parent, or abuses alcohol or other substances (legal or illegal), has frequent emotional outbursts or a demonstrated lack of self-control, or otherwise shows an inability to exercise good parental judgment, the court is less likely to appoint that parent as a JMC, and will instead consider granting “primary custody” to the other parent.
Information on this website is based on general principles of law. They may not apply to your situation. Nothing in this article constitutes legal advice and no reliance should be placed on the legal principles set forth in this website. This is why you should personally consult with Amarillo attorney David Enos about your case.