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Understanding Texas Divorce

Written By: Tawnya Hsia - Feb• 06•11

US laws vary from state to state; they’re not all the same. The laws of one of the most important states, Texas, is unique in nature. Where divorce laws are concerned, in Texas, all the counties have soft corners for couples seeking divorce and attempts are always made to keep couples together. If one party is not open to a divorce, the court gives the couple enough time to reconsider before they are allowed to file for divorce if reconciliation is out of the question. But once divorce is granted, both the husband and the wife can marry again after a month.

Among the acceptable reasons for divorce are the following: one partner is suffering from a mental illness or is confined in a mental institution, adultery, felony, and cruelty. The most common ground for a partner’s filing for divorce is cruelty. Wives usually complain of being beaten by their husbands; seldom, if at all, does the opposite happen. One partner beating the other constitutes cruelty which is a ground for divorce.

A mental illness on the part of one partner is enough reason for a divorce and if this is the reason stated, the divorce will definitely be granted. If occasionally the mental patient is lucid and is conscious that the other partner is filing for divorce, he or she might contest it. In such a case, the divorce will not be granted. It is obvious that, in Texas, divorce is a bit harder to get than it is in other states like New York or California.

Where the custody of the children is concerned, it generally belongs to the mother but if the husband can prove that she is an unfit mother and that the children are better off with him, then the court might grant the husband the custody of his children. This is a rare occurrence; it is only visitation rights that are usually granted to the father.

Many a marriage ends up in divorce due to disputes over assets. You will never see a partner readily willing to give the other the bigger share of their assets. Texas courts generally take their time in determining who will be given possession of the assets. All assets owned by a partner prior to the marriage will be granted to him or her while those that came during the marriage will be fairly divided between the two.

Now that online divorce is possible, Texas has online facilities for such divorces, too, together with divorce applications forms which can be obtained from online too. Couples are free to get online consultations also. Where grounds for divorce are concerned, they are mostly the same, whether in Texas or in other states, but in Texas more than 40% of marriages end up in divorce every year.

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