Texas is a no-fault divorce state. In most cases, a divorce is granted because, according to law, the “marriage has become insupportable because of discord or conflict of personalities…” and that there is no hope for reconciliation.
In certain circumstances, a party may want to allege the other party was at fault for the breakdown of the marriage. The law allows for the party to allege:
- Conviction of a felony.
- Living apart for three years with no cohabitation.
- One party has been confined to a mental institution for three years and it seems unlikely the person will recover.
At AMS Law group, we help you decide on what grounds to use to file your divorce petition. If you are the one about whom any of those allegations have been made, we will carefully review your situation so we can together decide how to proceed.
Issues that must be resolved before the divorce
Texas is a community property state. All assets accumulated by the couple during the marriage are deemed to belong equally to both parties.
Child custody and visitation
Texas law uses the terms “conservatorship,” possession” when referring to custody and “access” when referring to visitation. The court makes its custody and visitation issues based on what it views is in the best interest of the children.
Texas believes both parents are responsible for supporting their children. Evidence as to the income and expenses of the spouses will be considered in relation to the needs of the children. Generally, the parent with whom the child lives most of the time will receive support from the other parent.
Spousal support or alimony
Either spouse can request support from the other. The court will evaluate the request, take evidence, and consider many different factors and make a ruling the court feels is fair to both parties.
Contact Us for a free consultation
At AMS Law Group, we are dedicated to making this difficult process as comfortable for you as possible. In order to better serve you, our staff members also speak Arabic and Spanish. We serve those in Dallas, Fort Worth, and Houston, as well as Oklahoma. You can contact us any time day and night. We are available to take your call 24 hours a day 7 days a week.
Contact AMS Law Group For Help
When one party does not want the divorce, or they both want a divorce but cannot agree on the issues, the divorce is contested. Even if they agree on all but one issue, it is still considered contested. We have the expertise required to obtain the best possible outcome for our clients.