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Family Law
Divorce is the legal termination of a marriage. A marriage is dissolved by a divorce decree
issued by a Texas court. Some divorces are called agreed divorces, if the parties reach
agreement on all issues. The court simply approves the parties' agreement. If the parties
cannot agree on custody, visitation, child support, alimony, and division of property, the
court will decide these issues also.

At the time of filing the petition for divorce, at least one of the parties must have been a
resident of Texas for six months and a resident of the county where the action is filed for
90 days. Once one spouse files the divorce papers, the petition for divorce and the
summons to appear in court must be served on the other spouse. After the papers are
served, the parties must wait 60 days until the hearing at which the marriage is terminated
legally.

In Texas, a divorce may be granted on any one of seven grounds. Usually divorces are
granted under the no-fault divorce law. Under this law, the parties only must show that
the marriage is insupportable because there is discord or conflict, and there is no
reasonable expectation that the parties will reconcile. This means that the spouses cannot
work out their problems, even with counseling. Because divorce is no-fault, a court cannot
consider either spouse's fault in causing the divorce when making its determinations of
custody, visitation, or other issues. Other grounds for divorce under Texas law are:
Abandonment, Adultery,Confinement in a mental institution, Conviction for a felony,
Cruelty, Imprisonment.

People who are going through a divorce may agree with one another how to handle many
of the issues that arise. Matters on which the parties disagree, however, must be decided
by a court. Court-ordered guidelines generally include instructions on child custody,
visitation rights, child support, alimony, and division of marital property.

Child support is financial assistance provided by the possessory conservator to help
support the children. Factors affecting the amount of child support a court orders include
the needs and income levels of the parents, the children's needs, and the number of
children. Child support is an independent obligation and must be maintained despite any
other problems between the parents, such as disagreements about visitation. A recently
enacted federal law requires employers to withhold wages from employees who are under
a court order to provide child support after January 1, 1994. Texas courts also are
authorized to garnish wages to collect child support payments. Some courts have ordered
the employer of a parent who is required to pay child support to take the child support
amount out of the employee's salary, if the child support has gone unpaid for one month.
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