| You can file for divorce in Texas if you have made it your permanent
residence (domicile) for a period of six (6) months. You must file for
divorce in the county where you or your spouse have resided for a period
of at least ninety (90) days. Most divorces are granted based on incompatibility
(i.e. the parties have a conflict of personalities that destroys the legitimate
ends of the marriage relationship and there is no reasonable expectation
of reconciliation.) It is possible to have a divorce granted for "fault,"
such as adultery or cruelty, but this is not common. If there are minor
children, then the court must rule on the issues of custody, visitation
and support of the children in the divorce. If the wife is pregnant at
the time the divorce is filed, most judges will not grant the divorce
until the child is born. As part of the divorce, the Court must divide
the property of the marriage. Texas is a "community property"
state and all property obtained during the marriage is presumed to be
community and is equally the property of both spouses. Normally, community
property is divided so that each party receives an equal value of the
property. Needless to say, there are exceptions and some property is considered
separate property (the property of one spouse) and there are rules for
reimbursement and equitable interests in property. Property issues are
complex and should be discussed with your attorney.
Annulment
An annulment occurs when a "Void" or "Voidable" marriage
is set aside and the result is as if the marriage never existed. Many
people assume if the marriage is brief, you can get an annulment, but
that is not true. To annul a marriage, the Court must determine very specific
issues and you should discuss the facts of your marriage with your attorney
to determine if an annulment is possible. If an annulment is granted and
children were born to the marriage or property was accumulated during
the marriage, the Court will address those issues in the same manner that
they are addressed in a divorce. Annulment is not often granted and in
most cases where a client wants an annulment, they actually need a divorce.
If you are looking for an experienced family law attorney / lawyer including divorce, child support, adoption, paternity and domestic violence, we are well-prepared to help you. Call us at (972) 226-0042, or fill out the form on the
contact page to schedule an appointment with our attorney at our law office in Mesquite, Texas.
Contact Dalana J. Wills, CP and Family Law Mediator.
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