Co-Parenting in Texas: A Guide to Divorce and Children
If you're a parent getting a divorce in Texas, it's natural to be concerned about your children and their well-being. Fortunately, the state of Texas has many resources and laws in place to protect them during and after a divorce.
One option for parents who are able to agree on the terms of their divorce is to file for an agreed divorce. This can save time, money, and stress by avoiding court hearings. Here's what you need to know about filing an agreed divorce with minor children in Texas:
First, you and your spouse must meet the residency requirements for divorce in Texas. At least one of you must be a resident of the state for six months prior to filing, and a resident of your current county for 90 days.
Next, you and your spouse will need to come to an agreement on issues like custody, visitation, child support, and property division. This can be done with the help of a mediator or a collaborative divorce attorney, or through direct negotiation.
Once you have agreed to the terms of your divorce, you will need to fill out and file the necessary paperwork with the court. This includes:
- The Original Petition for Divorce, which details the grounds for divorce and requests relief from the court.
- The Waiver of Service, which lets the court know that your spouse is aware of the divorce and does not need to be formally served.
- The Decree of Divorce, which outlines the terms of your agreement and is signed by both parties and the judge.
If you have minor children, you will also need to include a Parenting Plan and Child Support Order. The Parenting Plan details the custody and visitation schedule for your children, while the Child Support Order specifies the amount of child support payments and how they will be made.
Once you have filed your paperwork and paid any necessary fees, you will need to wait at least 60 days before your divorce can be finalized. This waiting period is designed to give both parties time to change their minds and work out any issues that may arise.
When the waiting period is over, the judge will review your paperwork and either approve your agreed divorce or request additional forms or information. Once your divorce is approved, you will receive a file-stamped copy of the Decree of Divorce, which is your official proof of divorce.
Filing an agreed divorce with minor children in Texas can be a straightforward and efficient way to end your marriage while still prioritizing your children's needs. If you need help navigating the process, consider working with a divorce attorney or mediator who specializes in family law.The process of filing for an Agreed Divorce with Children is a legal procedure.
Divorce can be a difficult and emotional experience, especially when children are involved. However, for parents who can work together to reach an agreement, an agreed divorce may be a less stressful and more cost-effective option than a contested divorce. In an agreed divorce, both parties agree on the terms of the divorce without having to go to court.
To file for an agreed divorce in Texas with minor children involved, you must first meet the residency requirements. One spouse must have been a resident of the state for at least six months prior to filing and a resident of the county where the divorce is filed for at least 90 days.
Once the residency requirements are met, both parties must come to an agreement on issues such as child custody, visitation, child support, and property division. This can be done through direct negotiation, with the help of a mediator or a collaborative divorce attorney.
The next step is to fill out and file the necessary paperwork with the court. In addition to the Original Petition for Divorce and Waiver of Service, if there are minor children involved, you will need to include a Parenting Plan and Child Support Order. The Parenting Plan details the custody arrangements and visitation schedule for the children, while the Child Support Order specifies the amount and payment method for child support payments.
Once all the paperwork is filed, there is a waiting period of at least 60 days before the divorce can be finalized. This waiting period allows both parties to make any necessary changes or come to a different agreement if needed.
Finally, the judge will review the paperwork and either approve the agreed divorce or request additional forms or information. Upon approval, the Decree of Divorce will be signed, and each party will receive a file-stamped copy as proof of the divorce.
Filing for an agreed divorce with minor children involved can be a complex process, but with the right guidance and support, it can be a positive step forward. It is important to work with a professional divorce attorney who understands the intricacies of the process to ensure that all necessary steps are taken and that the best interests of the children are put first.Legal Grounds for Divorce in Texas
In Texas, there are specific grounds for divorce that must be met before a court will grant a divorce decree. These grounds are legally recognized reasons for ending a marriage, and they include both fault and no-fault grounds.
One of the most common no-fault grounds for divorce in Texas is what is known as "insupportability." This means that the marriage has become insupportable due to discord or conflict between the spouses that has destroyed the legitimate ends of the marriage and prevented any reasonable expectation of reconciliation.
Other no-fault grounds for divorce in Texas include living apart for at least three years, without any cohabitation during that time, or confinement in a mental hospital for at least three years with no prospect of release.
There are also several fault-based grounds for divorce in Texas. These include adultery, cruel treatment, abandonment for at least one year, confinement in a mental hospital for at least three years due to incurable insanity, or conviction of a felony and imprisonment for at least one year.
It is important to note that fault-based grounds may play a role in determining issues such as property division, spousal support, and child custody arrangements. For example, if one spouse is found to have committed adultery, the court may be more likely to award a larger share of the property to the innocent spouse or to award the innocent spouse with more custody time with the children.
Regardless of the specific grounds for divorce, Texas law requires that one party must have been a resident of the state for a minimum of six months before filing for divorce. Additionally, there is a 60-day waiting period after the initial divorce petition is filed before the divorce can be finalized.
In summary, there are both fault and no-fault grounds for divorce in Texas, and the specific grounds will play a role in determining certain issues related to divorce. If you are considering divorce in Texas, it is important to consult with an experienced family law attorney to ensure that your rights are protected throughout the process.Talk to a Lawyer
An experienced divorce attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can provide guidance and offer advice throughout the entire process. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.