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Dallas Divorce Lawyer - Michael P. Granata
Dallas and Texas Divorce and Family Law, Child Support, Child Custody,
Alimony, divorce. Call for your free 30 minute consultation.
Divorce Law:
Timing and
Jurisdiction:
One spouse must be a domiciliary of the State of Texas for at least
six months and a resident of a county for ninety days before a divorce
can be filed.
After the divorce
is filed, there is a minimum 60-day waiting period before the divorce
can be granted. Most cases take more than sixty days, to find out what
there is and to finalize the agreed documents.
Grounds:
No-Fault
Divorce Grounds: (1) the marriage has become insupportable because of
discord or conflict of personalities that has destroyed the legitimate
ends of the marriage relationship and prevents any reasonable
expectation of reconciliation; or this no-fault ground (2) living
separate and apart without cohabitation for 3 years. [Texas Codes
Annotated; Family Code, Chapters 6.001 and 6.006].
Hearing:
After the 60 day period has elapsed there will be a hearing. The
hearing last approximately 10 minutes. Only the moving party has to
attend the hearing, but it is advisable for both parties to attend.
Marital Separation Agreements Explained
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Child Support
Interactive Texas Child Support Calculator
Texas Child Support Program
FAQs on Child Support
Child Custody and Visitation Law
FAQ on Child Custody and Visitation
Child Custody Resources
Joint or sole managing conservatorship (custody) is determined
according to the best interests of the child. The sex of the parents
is not a factor for consideration. The wishes of the child may be
considered.
See generally,
Texas Custody Issues.
Property Division
Texas is a "community property" state. The "community" property,
consisting of
any other property acquired by either spouse during the marriage, will
be divided equally, unless the court finds that equal division would
be unjust. Any property possessed by either spouse during the marriage
is presumed to be community property unless it can be shown that the
property is actually separate property. [Texas Codes Annotated;
Family Code, Chapters 7.001-7.006]. |
