Bastrop, Texas Divorce Lawyers & Attorneys in Bastrop County

COMMON QUESTIONS FOR DIVORCE LAWYERS IN BASTROP, TEXAS

What Are the Grounds for Divorce in Texas?

In Texas, spouses have the option to file for a “no-fault divorce,” which means they do not need to prove that the other party did anything wrong. The most common reason for a no-fault divorce is insupportability, where ongoing conflict makes it unlikely that the marriage can be saved.

Texas also allows for fault-based divorces, which may affect decisions about property division, spousal support, and child custody. Fault-based grounds for divorce include cruelty, where one spouse’s actions make it impossible for the other to continue the marriage; adultery, where one spouse engages in an affair; felony conviction, where a spouse is convicted of a felony and sentenced to at least a year in prison; abandonment, where one spouse leaves the other with no intention of returning for at least a year; living apart, where the spouses live separately for at least three years without resuming their relationship; and mental health confinement, where one spouse has been confined to a mental health facility for at least three years without significant improvement.

While many people opt for a no-fault divorce because it’s more straightforward, fault-based grounds can still have an impact on matters like finances and child custody.

Residency Requirements for Divorce & Waiting Period in Bastrop, Texas

To file for divorce in Texas, one spouse must have lived in the state for at least six months, and the spouse filing must have lived in the county for at least 90 days.

Once the divorce is filed, there is a mandatory 60-day waiting period before the court can finalize the divorce. This waiting period gives both spouses a chance to reconsider their decision. Some divorces are finalized quickly, but more complex cases, particularly those involving children or large assets, may take longer.

Name of Court and Title of Action/Parties in Bastrop, Texas

Divorce cases are heard in Texas District Courts. The process begins when the spouse seeking the divorce, referred to as the Petitioner, files a Petition for Dissolution of Marriage. The other spouse, called the Respondent, must respond within a certain period. If no response is received, the court may grant a default divorce in favor of the Petitioner.

The divorce is finalized with a Judgment for Dissolution of Marriage, which legally ends the marriage and outlines terms for property division, child custody, child support, and spousal maintenance.

Legal Separation in Bastrop, Texas

Texas does not recognize legal separation. Even if couples live apart, they are still legally married until they complete the divorce process. While there is no official legal separation, temporary orders can be put in place to address financial support, custody, and visitation while living apart. Protective orders may also be issued in cases involving domestic violence. Some couples may also choose to create a separation agreement to handle property and support while living separately.

Spousal Support and Alimony in Bastrop County, Texas

Texas differentiates between spousal maintenance and alimony. Spousal maintenance is court-ordered financial support, while alimony refers to voluntary, agreed-upon financial assistance.

Spousal maintenance may be awarded if the marriage lasted at least ten years, and the spouse requesting support cannot meet their basic needs due to limited income or skills. It may also apply if the requesting spouse has a disability or is the custodial parent of a child with a disability that requires full-time care. Additionally, spousal maintenance can be considered if the spouse requesting support has been a victim of family violence in the last two years.

Spousal maintenance is typically limited in both duration and amount and is only awarded when there is a demonstrated need.

Distribution of Property and Debt in Bastrop, Texas

Texas follows community property laws, meaning most assets and debts acquired during the marriage are considered joint property and must be divided fairly. However, the division does not always result in a 50/50 split. The court considers factors like the financial needs and earning capacity of each spouse, custody arrangements, and whether one spouse misused marital assets.

Separate property, such as assets owned before the marriage, inheritances, gifts, and personal injury settlements (excluding lost wages), is not divided during the divorce. Courts may also take prenuptial or postnuptial agreements into account when dividing property.

Child Custody in Bastrop County, Texas

In Texas, child custody is referred to as “conservatorship,” with the child’s best interests as the primary concern. Conservatorship may be granted as:

Joint Managing Conservatorship (JMC): Both parents share the authority to make significant decisions about the child’s education, healthcare, and general well-being.
Sole Managing Conservatorship (SMC): One parent is given primary decision-making authority, usually in cases involving abuse, neglect, or other safety concerns.

Typically, the child will live with one parent, known as the primary conservator, while the other parent will have visitation rights. In cases with safety concerns, supervised visitation or limited access may be ordered.

Child Support in Bastrop, Texas

Texas law requires both parents to contribute to the financial support of their child. The non-custodial parent generally pays child support, which is calculated as a percentage of their net income. The amount varies depending on the number of children involved:

• 1 child: 20% of net income
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5 or more children: 40%

Net income includes wages, bonuses, self-employment earnings, and other financial resources after deductions for taxes, Social Security, and health insurance for the children.

Child support generally continues until the child turns 18, graduates from high school, becomes legally emancipated, or develops a disability that requires ongoing care.

Name Change in Bastrop County, Texas

A spouse may request a name change as part of the divorce process, and the request will be included in the final divorce decree. If someone wishes to change their name to something other than their pre-marriage name or change a child’s name, they must file a separate petition with the court and provide valid reasons for the request.