Family Law FAQ


 

 

 

Q & A Divorce 

1. What requirements have to be met before I can file for divorce in the State of Texas?

The Texas Family Code, section 6.301, states that at the time the suit is filed, either the person bringing the divorce or the spouse of the filing party must be “. . . (1) a domiciliary of this state for the preceding six month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period.” NOTE: There are some exceptions to this rule, mentioned in section 6.302; section 6.303; section 6.304; and sections 6.305-6.308.

2. Is there such a thing as a no-fault divorce in the State of Texas?

The Texas Family code, section 6.001 states that “On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”

3. If I divorce my spouse, how will the property be split up?

Community property is defined in the Texas Family Code, section 3.002 as “. . . the property, other than separate property, acquired by either spouse during the marriage.” (emphasis added by web publisher). There is a presumption in the State of Texas that “Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. . .” See family code section 3.003. However one exception would be where one spouse gives a gift to the other spouse which is governed by section 3.005 of the code, in which case the gift would be considered separate property, “. . . 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.” See section 3.005. Separate property is defined in the family code section 3.001 as “. . . (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; (including inheritences); and (3) the recovery for personal injuries sustained by the spouse during the marriage, exept any recovery for loss of earning capacity during marriage.”