Texas couples must only seek a divorce if they believe that their marriage is irreparably damaged, i.e. beyond fixing, repair or conciliation. It is possible to file for a divorce as a result of their spouse’s fault. These different faults are recognized by a court under the following elements for the grounds of divorce:
Abandonment
Adultery
Confinement in a mental hospital
Conviction of a felony
Cruelty
Insupportability – this basically means unendurable, intolerable and/or insufferable. This the basis for a no-fault divorce. Whereby both spouses do not assign blame and give no explanation for the divorce accept that they are unable to endure through the marriage.
The Texas Family court grants divorces based on these grounds which impact other elements of divorce. For example, the issue of the grounds for divorce affect the determination of a couple’s marital assets.
Property division
In accordance to the Texas Family Code [http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.7.htm], assets or property acquired during a marriage are basically considered to be marital or communal property. As a result of Texas being a communal property state, assets and debts of the marriage are shared equally and each spouse has an equal right to their community assets. Some examples of such assets are:
Houses
Vehicles
Income
The property is divided on what is decided by the court to be ‘just and right’, therefore, each spouse may not be entitled to or receive an equal amount or share of the marital property. The court takes into consideration a number of factors which can affect the division of property and decided as to which spouse is awarded what. Such factors include:
The length of the marriage
The contribution of each spouse to the marriage
The contribution each spouse made to the household during the course of the marriage
And the future earning potential of each spouse
Spousal support
In specific cases that court may order spousal support. Spousal support is the monetary payment that a spouse makes for his or her former spouse after their divorce is finalized. The purpose of this award is to help people support themselves and maintain their standard of living after their divorce.
Spousal support is awarded to a spouse who is eligible as a result of the factors outlined in the Texas law. This law shows that the court can award spousal support or maintenance in the following circumstances:
Where people cannot earn a sufficient income as a result of mental or physical disability
Where a sufficient income cannot be earned as a result of supporting a child who requires extensive care due to physical or mental disability or
In cases where the couple has been married for more than ten years and the spouse requiring spousal support is unable to support him or herself.
Each divorce is unique but no matter how simple a divorce seems, it carries its own challenges which lead to contention and the unnecessary extension of the divorce process. To help ensure your rights in the divorce are upheld; find a divorce lawyer in Houston, Texas to guide you through the process and look out for your interests.
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