Divorce is never painless, but if you know what to expect, you can lessen divorce discomfort. Texas divorce laws, as with those of other states, are unique.
If a couple wishes to get divorced because they have irreconcilable differences, they can opt for a no-fault divorce. This occurs when the couple mutually agrees that they simply cannot live together and want to end the union without mutual blame. If the problems in the marriage are more serious, a person can file for divorce on the grounds of the spouse's cruelty, adultery, conviction of a felony, abandonment for a year or more, or a separation lasting for at least 3 years. These grounds for divorce are also applicable for common law marriages.
In larger Texan cities, such as Dallas and Austin, judges require all divorcing couples to pursue mediation, especially in custody cases. Usually the couple pays for mediation, and the mediator collects 50% from each spouse. For low income couples, government funded mediators charge less money. Texas mediators are required to complete at least 40 hours of basic mediation and 24 hours of family law training.
In Texas, the amount of child support is decided according to the number of children; the more children, the higher the percentage of income is paid as child support. The percentage is taken from the gross pay before taxes. The amount of child support can be adjusted later if there is an increase in earnings or if child care expenses rise. With a decree of divorce, an employer is required to withhold the amount of child support from an employee's paycheck. If the employer fails to withhold this amount, the employer has to pay the fee.
Alimony, or spousal maintenance, is usually considered less necessary than child support, and the court has a limited ability to enforce compliance with alimony payment schedules. It is designed for a spouse who, for whatever reason, cannot support himself or herself. Usually it is given for a limited time and the maximum amount is $2,500 per month, 20% of earnings, or whatever is less. Alimony is paid for a maximum of three years, unless the recipient is disabled and is mentally or physically unable to work.
When a Texas judge rules on custody case, he or she considers which situation is best of the child, regardless of the gender of the parent. Some of these factors include: place of residence, access to health care and education. If one spouse wished to alter the custody arrangement, he or she must prove a substantial change in the circumstances. Misconduct or slight mental illness does not always guarantee loss of custody. Instead, the judge considers each spouse's entire character and takes into account virtues and flaws and how these affect the children. For instance, a person who has been diagnosed with manic depression, but has been taking medication for many years and has the condition under control, is less likely to lose custody than someone who has a chemical dependency problem, behaves erratically, and is refusing to seek treatment.
The judge makes visitation arrangements based on the Standard Visitation Schedule designed in accordance with the Texas Family Code. Typically, the non-custodial parent has visitation rights the first and third weekends a month, Wednesdays from 6 to 8 pm, holidays on odd numbered years, and Mother's Day of Father's Day, according to the gender of the non-custodial parent. The child must spend at least 30 days of the summer vacation with the non-custodial parent. This schedule applies to parents who live less than 100 miles away from each other. If a parent wishes to move further away from the other spouse, for whatever reason, these arrangements are adjusted. In many cases, spouses need permission before moving a long distance away.
Most divorces can go more smoothly if both parties are well informed and aware of their rights. Although the experience of divorce is unpleasant, ill effects and bad feelings can be kept to a minimum if one is familiar with the procedure of a divorce in Texas.
