What Is a Wife Entitled to in a Divorce in Texas

Michelle Wilson - May 16, 2023

In Texas, online data highlights that approximately 45% of marriages end in divorce. Unfortunately, this outcome is not only emotionally draining but can be financially challenging as well for both partners. To navigate the complexities of divorce, husbands and wives must clearly understand their entitlements. Although in the following post, more careful consideration will be on the wives.

To ensure a fair share of marital assets, wives should familiarize themselves with the rules and guidelines followed by Texas courts. Consulting with a knowledgeable attorney specializing in family law can also provide valuable guidance and support throughout the divorce process.

When Can You Get a Divorce in Texas?

In Texas, divorce is possible through no-fault and fault-based grounds. Understanding the different grounds for divorce can help you navigate the process effectively and make informed decisions. In the first case of no-fault divorces, spouses don’t have to prove any wrongdoing on the other spouse’s part. Moreover, no-fault divorces often have a foundation on insupportability, which means the marriage has become insupportable due to discord or conflict that the two parties can’t resolve.

However, it’s important to note that judges can still consider fault when determining issues like property division. If you are filing for divorce, including fault grounds in your petition may influence the court’s decision regarding property division, custody, and support. Legally recognized reasons for a fault-based divorce in Texas include adultery, cruel treatment, abandonment for at least a year, incarceration for more than a year, confinement to a mental hospital for more than three years, or living apart in estrangement for at least three years.

Understanding the Divorce Process in Texas

If you and your partner find you are eligible for divorce in Texas, the next step will be understanding the process. The process in Texas begins with the filing and service stage, where the petitioner initiates the divorce by filing with the court and giving the respondent the necessary legal papers. The petitioner may obtain a standard temporary restraining order to safeguard assets and promote civil behavior. Following this, the respondent files an answer, expressing their stance on the divorce and any desired modifications.

Next, the court addresses critical matters, including child custody, property division, and outstanding debts, basing its rulings on Texas law and the best interests of those involved. If either spouse feels vital information is missing, they can engage in the discovery process to gather all relevant facts. This stage also provides an opportunity for settlement negotiations, whether conducted independently or with the guidance of legal professionals.

Property Division in Texas Divorce

Texas is a community property state, which by definition, means all property acquired during the marriage belongs to the “community,” making it subject to division during a divorce. The property in question includes income, assets, and debts acquired during the marriage. The court will then allocate the community property in a fair manner, which doesn’t necessarily mean an equal property division. Instead, the court will consider various factors, including how long the marriage is, how much each spouse earns, and their contributions to the marriage, before dividing the property.

However, not all property is eligible in the division during a divorce. Separate property, which includes assets owned before the marriage or acquired through gifts or inheritance, is not subject to division. However, it’s crucial to establish that the property is separate to avoid any disputes during the divorce proceedings.

Spousal Support in Texas Divorce

Spousal maintenance, or spousal support, is a type of payment one spouse makes to another after a divorce to help support the lower-earning spouse. In Texas, spousal support is not automatic, meaning the judge will only award it in specific circumstances. To qualify for spousal support, the lower-earning spouse must demonstrate a financial need and show they cannot meet their reasonable needs through income and assets.

Texas courts consider several factors when awarding spousal support, including each spouse’s earning capacity, the length of the marriage and their physical and emotional health. The court will also consider any child support payments and whether the spouse seeking support has tried to become self-supporting. Additionally, the court will consider any marital misconduct, such as adultery or domestic violence, when determining spousal support.

The Types of Spousal Support in Texas

In Texas, two types of spousal support exist. They are spousal support and contractual spousal support. Courts award temporary spousal support during the divorce proceedings as a means to provide temporary financial assistance until the court reaches a final judgment. Contractual spousal support is awarded after the divorce and becomes part of the decree. This type of spousal support occurs for a set period or until parties meet a specific set of conditions, such as the recipient spouse remarrying or obtaining a certain level of education.

Child Custody and Support in Texas Divorce

Child custody and support are a second aspect partners must consider when going through a divorce in Texas. In Texas, child custody considers two categories: legal and physical custody. The first, legal, refers to the rights of someone to make life-altering decisions regarding the child’s upbringing, including education, healthcare, and religion. The second, physical custody, determines where the child will live if they split their time between parents and the time they will spend with each parent.

The other major consideration is child support. Child support ensures that both parents are providing for the financial well-being of their children. In Texas, child support exists on the Income Shares Model, which looks at the income of both parents and the cost of raising their other children. The court calculates child support payments based on a noncustodial parent’s income percentage. Texas courts take several factors into account when determining child support. These factors include how much each parent makes, the number of children they have, the cost of health insurance, and any extraordinary expenses related to the child’s needs. The court may also consider the child’s age, any special medical or educational needs, and each parent’s ability to financially support the child.

Overcoming The Emotional Challenge of Divorce

With its complex property division and spousal support, it is recommended spouses seek legal advice and a background check. A qualified divorce attorney can protect your rights and ensure a fair outcome. They guide you through the legal process, clarify your entitlements, and represent you in court if necessary. Conversely, a background check can provide additional information and evidence if there are concerns about a spouse’s financial activities, hidden assets, or potential misconduct. It can help uncover relevant history, such as criminal records, previous marriages, or other relevant personal details.

As you navigate these steps, remember that prioritizing self-care is crucial to your well-being throughout the divorce process. Since it is emotionally and physically draining, seeking support from loved ones and professionals, if required, is beneficial. Practicing self-care also helps to strengthen resilience and helps navigate the process effectively.