Introduction
Beyond
the considerable emotional pain, the end of a marriage is legally complex.
This pamphlet reviews alternatives to divorce and failing these, the
procedures for obtaining a divorce. You should consult an attorney
if your marriage is ending. You will need sound professional advice
to determine child custody, financial support, and make a fair division
of the property of the marriage.
Alternatives
to Divorce
Depending
on your circumstances, you may wish to consider alternatives to divorce
- marriage counseling, annulment or separation.
Many
couples try counseling from a marriage counselor, social worker or psychotherapist
as an alternative to divorce. Such counselors are trained to help
couples resolve differences. The counselor may be able to help
you and your spouse learn communication skills and a better understanding
of one another to prevent your marriage from failing. Marriage counseling
can be useful when couples find their problems have begun to affect
their compatibility with each other. Counseling may also keep
a relationship with your spouse from worsening even if divorce is unavoidable.
An
annulment is a court ruling that a marriage was never legally valid.
A marriage can only be annulled if there was a serious defect at the
time of the marriage ceremony. In most states, marriages can be annulled
if one of the parties was under age at the time of the marriage, if
a spouse could not consummate the marriage, if consent was obtained
fraudulently, or if the marriage was bigamous or incestuous.
If
you and your spouse separate, it may be best to obtain temporary orders
from the Court, providing for spousal support, child custody, child
support, visitation, and division and use of the property during the
pendency of the divorce.
Grounds
for Divorce
Common
grounds for a fault divorce are adultery, bigamy, and cruelty.
In addition, Texas has adopted "no fault" divorce, referred
to as "insupportability," which allows a divorce without showing
that one spouse was at fault. In Texas, a divorce can be obtained
because of incompatibility or irreconcilable differences.
In
certain circumstances, a fault divorce may offer a better legal strategy
for you. Your lawyer can guide you on the best way to proceed.
Divorce
Procedure
Divorces
may be uncontested or contested. An uncontested divorce can be
granted when the parties agree on all issues such as child custody,
support and property division. It will involve the filing of papers
at the courthouse, and a brief appearance before a judge. Your
spouse will have to sign the papers indicating the parties agreement
to the divorce and all issues.
A
contested divorce, where the parties cannot agree to terms, resembles
a standard lawsuit with a trial before a judge.
After
the judge grants a divorce, generally, you may not remarry for thirty
days.
Child
Custody and Visitation
Child
custody can be given exclusively to one spouse, or you can share joint
custody. In most cases, the parents will share joint custody with
one parent having primary physical custody of the children and the other
parent having visitation rights, taking the children on weekends, holidays,
and vacations.
Spousal
and Child Support
Spousal
support is called alimony or maintenance in some states. Either
you or your spouse may be entitled to spousal support depending on your
income and property, work history, financial needs, and the circumstances
leading to the divorce. If you and your spouse are unable to agree
on support, a judge may decide who should pay it, how much is to be
paid, if any, and how long it will continue.
You
and your spouse are both responsible for the support of your children.
If you cannot agree on child support, the court will apportion the responsibility
based on custody, your incomes, and other financial resources.
In
some cases, you or your spouse may go back to the court in later years
to ask the judge to increase or reduce the child support. However,
you must be able to show that there has been a change in financial resources
or needs.
