The family law lawyers of the Gutheinz Law Firm are dedicated to providing excellent service and zealous representation in divorce and adoption cases in Harris, Galveston, and Brazoria County. At the Gutheinz Law Firm, our family law lawyers know that divorce is a stressful and time consuming process.  Attorneys at the Gutheinz Law Firm are dedicated to making the divorce process as smooth as possible.  Below is some helpful information for anyone considering a divorce in Texas:

Residency requirements:

Texas law requires that at least one of the parties have lived in the state for at least 6 months and in the county where the case is filed for at least 90 days to filing.

Grounds for divorce:

Texas is a no-fault state, meaning that neither party is required to show fault in order to obtain a divorce.  Instead, all a party must claim in a petition is that 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.”  See Texas Family Code Section 6.001.  Fault-based grounds for divorce, on the other hand, include: 

Cruelty:

“The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.” Texas Family Code 6.002.

Adultery:

“The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.” Texas Family Code 6.003.

Conviction of Felony:

“The court may grant a divorce in favor of one spouse if during the marriage the other spouse: has been convicted of a felony; has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and has not been pardoned.  The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.”  Texas Family Code 6.004

Abandonment:

“The court may grant a divorce in favor of one spouse if the other spouse: left the complaining spouse with the intention of abandonment; and remained away for at least one year.” Texas Family Code 6.005.

Living Apart:

“The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.”  Texas Family Code 6.006.

Confinement in Mental Hospital:

“The court may grant a divorce in favor of one spouse if at the time the suit is filed: the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years; and it appears that the hospitalized spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.” Texas Family Code 6.007.

Conservatorship/custody:

The primary consideration for Texas courts in determining child custody is the best interest of the child.  See Texas Family Code 153.002.  It is the public policy in the state of Texas that children have “frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; provide a safe, stable, and nonviolent environment for the child; and encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.”  Texas Family Code 153.001.  

Child Support:

Generally, a court may order one or both parents to pay child support until the child reaches the age of 18 or graduates from high school (whichever occurs later); until the child is emancipated through marriage or law; death of the child; or if the child is disabled the court can order support for an indefinite period.  Texas Family Code 154.001.  Generally, the court will apply the Texas Child Support Guidelines when determining the amount that the parent will pay in child support.

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