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Family Matters FAQs
The Law Offices of Kathy Black in Katy, Texas answers your frequently asked questions on divorce and property division:
- Grounds for divorce
- Annulment vs. divorce
- Where to go to file for divorce
- Divorce first, child custody decisions later
- Property division
- Community property vs. separate property
I was recently married and it is just not working out. Must I have grounds for divorce or show fault?
You may get a divorce without regard to fault if the marriage has been insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Grounds for divorce in Texas include:
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May I get an annulment instead of a divorce?
The court may grant an annulment of a marriage under various circumstances, including underage, under the influence of alcohol or narcotics, impotency, fraud, duress, force, mental incompetency, a concealed divorce, and marriage within 72 hours of issuance of a license of marriage.
Where can I file for divorce?
You may file for divorce in Texas if you or your spouse have resided in the state for at least six months prior to filing and lived in the county where you intend to file for the preceding 90-day period.
My spouse and I both want a divorce, but we cannot agree on child custody. May we get our divorce and take care of the custody issue later?
No. Divorce and the conservatorship of the children are not severable actions. Divorce consists of—
- Dissolution of the marriage
- Division of the marital estate
- Custody and support of the children
If you and your spouse are separated and decide you want a court order regarding custody and support of the children, it can be done in a suit affecting parent-child relationship without filing for divorce.
How is property divided in a divorce?
Texas is a community property state, meaning that the court divides all shared property and debts among the parties in the divorce. Community property is all property other than separate property, acquired by either spouse during the marriage. Separate property is anything a person owns before marriage and anything inherited during the marriage.
How does the court decide what property is community/separate?
The court starts with a presumption that all property possessed by the parties during the marriage or at time of divorce is shared, or community property. We can rebut this presumption. If any part of that property is your separate property, then you may rebut the presumption by showing specific evidence that the property is separate. For example, if you and your spouse own a car at the time of divorce, the court presumes that it is community property. You can rebut that presumption by showing the title with the date of the purchase of the vehicle. If that date precedes the date of your marriage, it is your separate property.
Contact our law firm
In family law cases, your rights need protection. For quality legal counsel in Katy, Fort Bend, Houston, and all surrounding areas, call The Law Offices of Kathy Black or contact us online now.
