Collaborative law is a procedure in which the parties and their counsel agree in writing to make a good-faith attempt to resolve their marital disagreement without resorting to judicial intervention, except to have the family court approve the settlement agreement. The parties’ counsel may not serve as litigation counsel except to ask the court to approve the settlement agreement. Collaborative law is a rapidly growing alternative to traditional divorce litigation, as it seeks to create an environment in which disputes are presented as problems to be solved rather than contests to be won.
The party filing for divorce must have been a domiciliary of the state of Texas for six months and a resident of the county in which the suit is filed for 90 days.
Yes. Texas courts may not grant a divorce before the 60th day after the date the suit was filed.
No. According to the Texas Family Code, a marriage between persons of the same sex or a civil union is contrary to the public policy of Texas and is void.
Yes, in certain circumstances. The Texas Family Code defines "maintenance" as an award in a suit for dissolution of a marriage for periodic payments from the future income of one spouse for the support of the other spouse.
Texas courts may order one spouse to pay maintenance to the other if the spouse was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence within the last two years or while the suit is pending. Additionally, Texas courts may award spousal maintenance if the duration of the marriage was 10 years or longer:
and the spouse seeking maintenance lacks sufficient property to provide for his or her minimum reasonable needs,
and that spouse is unable to support herself or himself because of an incapacitating physical or mental disability,
or the spouse is the custodian of a physically or mentally disabled child requiring substantial care such that the spouse cannot work outside the home,
or the spouse clearly lacks earning ability in the labor market to provide for his or her minimum needs.
Courts must consider:
Yes. Courts presume that spousal maintenance is not warranted unless the spouse seeking maintenance has exercised diligence in seeking suitable employment or developed the necessary skills to become self-supportive during the period of separation after the divorce was filed.
Yes. Unless the spouse receiving maintenance is unable to be self-supportive because of an incapacitating mental or physical disability, a court may not order maintenance payments for more than three years. And within that three-year period, Texas courts must limit the duration of maintenance payments to the shortest reasonable period that allows the spouse receiving maintenance to obtain the appropriate skills and employment for self-support.
Yes. The Texas Family Code recognizes "informal marriage" as existing when a man and woman agreed to be married and when after the agreement they lived together in Texas as husband and wife and represented to others that they were married. A person under 18 years of age may not be a party to an informal marriage or execute a "declaration of informal marriage."
A declaration of informal marriage is a form provided by the county clerk’s office on which a man and woman provide necessary background information and take an oath to the information veracity. The county clerk then files the declaration form and sends a copy to the Bureau of Vital Statistics. A properly recorded declaration is prima facie evidence of the marriage of the parties.
A spouse’s separate property consists of:
Community property is the property, other than separate property, acquired by either spouse during a marriage.
14. Does Texas law recognize prenuptial agreements?
Yes. According to the Texas Family Code, a "premarital agreement" is an agreement between prospective spouses made in contemplation of marriage that is effective upon marriage.
Parties to a premarital agreement may contract with respect to:
the rights and obligations of each party regarding the ownership of property acquired before or after marriage;
the right to buy, sell or transfer property;
the disposition of property on separation, divorce or death;
the modification or elimination of spousal support;
any other matter not violating public policy or criminal laws.
However, the right of a child to receive child support may not be adversely affected by a premarital agreement.
Yes. Upon the filing of a petition for divorce, the court may grant a divorce without regard to fault if the marriage has become "insupportable" because of discord or conflict that destroys the legitimate ends of the marital relationship and destroys any reasonable expectation of reconciliation.
Yes. A court may grant a divorce for cruelty, adultery, conviction of a felony offense during marriage, abandonment for more than one year or living apart without cohabitation for at least three years if the other spouse is confined in state mental hospital for at least three years.
One spouse might plead cruelty or adultery as a basis to justify an unequal division of the property in favor of the other spouse or to use against the other spouse in a child custody case.