What Are Some of the Main Points of Divorce Rights in Texas?


Quick Answer

Some of the main points of divorce rights in Texas are that fault and no-fault grounds are acceptable, community property is recognized, alimony is only sometimes granted and methods for paying child support are flexible, according to DivorceNet. A judge reviews all divorce settlements for approval or revision.

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Full Answer

Citizens have the right to a no-fault divorce in Texas on the grounds of irreconcilable differences, or living apart for at least three years. Grounds for a fault divorce include cruelty, adultery, felony conviction, abandonment or confinement in a mental hospital, states DivorceNet.

Community property or marital property is divided equally between the spouses, but separate property owned before the marriage remains with the original owner. Aside from real and personal property, retirement plans, stock options and insurance payments are subject to division in a Texas divorce, explains DivorceNet.

In Texas, alimony is only granted in a divorce, if a spouse is unable to be self-supporting because of a physical or mental disability, due to a caregiver role to a disabled child or a lack of ability for other reasons to provide minimal reasonable necessities for themselves. The amount of alimony depends on the duration of the marriage, spousal resources and marital misconduct, says DivorceNet.

Texas allows parents to pay child support with either periodic or lump-sum payments, or by setting aside property to be managed for the child. Parents can also combine these methods, reports DivorceNet.

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