(by Judy and Alex Azzo)

General - Divorces can be complicated and financially and emotionally devastating.  A divorce results in the division of community assets.  Although Texas courts may divide liabilities of the marriage relationship between the spouses, each spouse remains legally responsible to third parties for payment of these liabilities.

Grounds for Divorce - Texas has "no fault" grounds for divorce.   The no fault grounds for divorce are (1) discord or conflict of personalities that destroys legitimate ends of the marriage with no reasonable expectation of reconciliation, (2) confinement in a mental hospital for at least three years for mental disorder of such a degree that no adjustment will occur or relapse is probable and (3) living apart without cohabitation for at least three years.  

Texas also has fault grounds for divorce.  The fault grounds are (1) cruelty, (2) adultery, (3) conviction of a felony and (4) abandonment for a least one year.  

Time and Court Fees - Texas courts may not grant a divorce before the sixtieth day after the date the divorce suit was filed.  In addition to the legal (attorney) fees, the filing of a suit for divorce requires payment of court fees (usually under $200.00).

Major Factors - Four major factors impact a divorce action and can turn the most amicable of divorces into a costly litigation nightmare.  These factors are (1) child custody, (2) child and spousal support, (3) property division, and (4) emotions.

Child Custody - The children of the marriage are the primary consideration of the court in determining the conservatorship, possession and access to the child of the marriage.  There are essentially three custodial relationships that the court may award a parent spouse in a divorce action with respect to the children of the marriage.  These are (1) sole managin conservator, (2) possessory conservator and (3) joint managing conservators.  

The sole managing conservator has exclusive rights which the possessory conservator does not have.  The rights are to: (1) establish the primary residence of the child; (2) consent to medical, dental and surgical treatment involving invasive procedures, and to consent to psychiatric and psychological treatment; (3) receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (4) represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (5) consent to marriage and to enlistment in the armed forces of the United States; (6) make decisions concerning the child’s education; (7) direct the services and earnings of the child; and (8) act as agent of the child in relation to the child’s estate.

The possessory conservator parent spouse of the child has those rights which are not the exclusive rights of the sole managing conservator parent spouse and which are not otherwise limited by the court.  The Texas Family Code sets forth the “guidelines” established in the standard possession order to assist the courts in ordering the terms and conditions for possession of a child by the possessory conservator parent spouse.  

Joint managing conservator parent spouses share the rights and duties of a sole managing conservator and possessory conservator with the exception that one of the joint managing conservators must have the exclusive right to establish the primary residence of the child and the court decree must specify the rights and duties of each joint managing conservator with respect to the child’s physical care, support and education.