Tuesday, February 1, 2011

Understanding Texas Divorce

By Elidia Marotz


Each state in the US has its own set of laws. The laws of one of the most important states, Texas, is unique in nature. Texas couples are probably the only ones that are advised to stay together and not file for divorce for the flimsiest reasons. 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. When the court finally grants the couple a divorce, they can both get married again after thirty days.

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. If you hear that a wife beats a husband, that is an exception to the rule; it is mostly the wives who complain that their husbands beat them. Since beating is physical cruelty, a divorce is easily granted to the partner who cites this as 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. However, should the mentally-diseased contest the application during his or her lucid moments, the divorce will not be granted. You can see that getting a divorce in Texas is not as easy as it is in California or New York.

If there are children involved, it is generally the mother who is given custody of them, that is, unless their father can convince the court that their mother's morals are questionable and she can't bring her children up in a good way. This rarely happens, though, as the husband is usually granted just visitation rights of his children.

When many assets are involved, there are sure to be huge disputes which makes the divorce proceedings very unpleasant for everybody involved. I have yet to see a husband readily willing to give his wife the majority of their assets; the same goes true on the part of the wife. 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. A free consultation is available online as well. More than 40% of marriages in Texas every year ends in divorce citing the same common grounds found in other states.




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