In Texas, a marriage can be dissolved only through either a court order or by death of a spouse. There are three ways a person can get a “court order” to dissolve their marriage – the most common of which is a divorce suit.
In Texas, before a client can begin their divorce suit they must meet certain hurdles to make sure they are filing the suit in the “proper court.” These hurdles essentially require the client to file their divorce suit in the appropriate county.
To pass these hurdles, you or your spouse must have been domiciled in Texas for the past 6 months and one of you must have resided in the county where the suit was filed for the preceding 90 days. There are exceptions to these rules though – particularly for military members and prison inmates.
Child Custody – The judgment in a SAPCR suit regarding child custody is set out in the required parenting plan. This plan sets out the rights of the parties to make decisions for the child and provides for “visitation periods,” or periods of possession and access.
Child Support – As a general rule, when calculating child support the court will base its decision only on the rules and guidelines found in the Texas Family Code. However, the court may adjust this amount up or down if its calculation is unjust, inappropriate, or not in the child’s best interest.
If you have experienced family violence then you may file for several types of protective orders under the Texas Family Code, including a temporary ex parte order. A temporary ex parte order can be granted by the court without giving notice to the person who committed the family violence and without a hearing.