Round Rock, Texas Divorce Lawyers & Attorneys in Williamson County

COMMON QUESTIONS FOR DIVORCE LAWYERS IN ROUND ROCK, TEXAS

What Are the Grounds for Divorce in Texas?

In Texas, spouses can file for a “no-fault divorce,” which means they do not need to prove any wrongdoing. The most common reason for this is insupportability, which refers to ongoing conflict that makes reconciliation unlikely.

Texas also permits fault-based divorces, which can impact decisions related to property division, spousal support, and custody. Fault-based grounds include cruelty, where one spouse’s actions make it difficult for the other to continue the marriage; adultery, where one spouse engages in a sexual relationship outside the marriage; and felony conviction, where a spouse is convicted of a felony and sentenced to at least one year in prison. Other grounds include abandonment, where one spouse leaves with no intention of returning and remains gone for at least a year; living apart, where the spouses live separately for three or more years without resuming their relationship; and mental health confinement, where one spouse has been confined to a mental health facility for three years or more with little chance of improvement.

While many opt for a no-fault divorce for its simplicity, fault-based grounds can influence financial and child-related decisions.

Residency Requirements for Divorce & Waiting Period in Round Rock, 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.

After filing, there is a mandatory 60-day waiting period before the court can finalize the divorce. This period allows both parties time to reconsider their decision. Some divorces are completed quickly, but more complex cases, especially those involving children or property division, may take longer.

Name of Court and Title of Action/Parties in Round Rock, Texas

Divorce cases are handled by Texas District Courts. The process begins when one spouse, the Petitioner, files a Petition for Dissolution of Marriage. The other spouse, the Respondent, must respond within a set time. If no response is given, the court may grant a default divorce in favor of the Petitioner.

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

Legal Separation in Round Rock, Texas

Texas does not offer legal separation. Couples who live apart are still legally married until they finalize a divorce. Although not formally recognized, temporary orders can be used to address financial support, custody, and parenting time during this period. In cases of domestic violence, protective orders may also be issued. Some couples may draft a separation agreement to outline how property and support will be handled while they live separately.

Spousal Support and Alimony in Williamson County, Texas

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

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

Maintenance is typically limited in both duration and amount and is awarded only when there is a clear need.

Distribution of Property and Debt in Round Rock, Texas

Texas follows community property laws, meaning most assets and debts acquired during the marriage are considered jointly owned and must be divided fairly. However, the division is not always 50/50. Courts consider factors like each spouse’s financial needs, earning capacity, who has custody of the children, and whether one spouse misused marital assets.

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

Child Custody in Williamson County, Texas

In Texas, child custody is referred to as “conservatorship.” The court’s main concern is the child’s best interests. Conservatorship is typically granted as either:

• Joint Managing Conservatorship (JMC): Both parents share the authority to make decisions about the child’s education, healthcare, and well-being.
• Sole Managing Conservatorship (SMC): One parent is given primary decision-making authority, often due to concerns about abuse, neglect, or instability.

Typically, the child lives with one parent, the primary conservator, while the other parent has visitation rights. In cases with safety concerns, supervised visitation or limited access may be ordered.

Child Support in Round Rock, Texas

Texas law requires both parents to contribute to their child’s support. Generally, the non-custodial parent pays child support, calculated as a percentage of their net income. The percentages are:

• 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 income, and other financial resources after deductions for taxes, Social Security, and health insurance.

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

Name Change in Williamson County, Texas

A spouse can request a name change as part of the divorce process, and this will be included in the final divorce decree. However, if an individual wants to change to a name 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 requested change.