Domestic Relations
Marriage
Who can I marry?
As long as your spouse is 16 or older and has their parental consent, not a relative of yours within the first degree of blood relationship (no you cannot marry your first cousin), and neither of you is already married, the joinder is legal.
Can I get an annulment from the State if things do not work out?
The grounds are very limited. Broadly - here are the grounds recognized by the State of Texas: you can do this only a) if one of the parties is under 18 and without parental consent, b) if either party is under the influence of drugs or alcohol, c) if either party is impotent and the other party was unaware of it at the time of the union, d) if there is fraud, force, or duress to cause the wedding to happen (a shotgun wedding), e) if there is mental incapacity, f) if a concealed divorce occurred within 30 days of the new wedding, or g) if the action is sought within 72 hours of the ceremony. There are some exceptions and limitations to these rules, so please consult an attorney before you try to proceed.
Divorce
Can I get a separation in Texas?
Texas law does not provide for a "legal separation." You are either married or not.
What is "no fault" divorce?
Texas has a "no fault" divorce law which allows spouses to file for divorce without having to prove grounds, (such as mental cruelty, adultery, abandonment, etc.). The spouses simply have to prove that the marriage cannot be saved because of irreconcilable differences.
Is alimony allowed in Texas?
Yes, but in very limited situations. A recent law allows alimony up to three years for a spouse that has been in a marriage of at least ten years duration if the spouse lacks the ability for self-support. Another way to be eligible for this type of support is if the other spouse was convicted, or has been granted deferred adjudication and placed under community supervision, for an act of family violence within a two-year time frame prior to the filing of the divorce.
Do I have to hire an attorney?
No. However, it is only advisable for you to do your own divorce if:
- the divorce is uncontested,
- there are no children of the marriage,
- you do not own any real estate, and
- you have agreed to a division of the personal property and debts.
Child Support
How are the child support and visitation issues decided if I have children?
The court will determine the custody, visitation, and child support based upon what is in the best interest of the child. Texas law has established guidelines for child support-for one child, 20% of the monthly net income of the paying parent; for two children, 25%; for three children, 30%; for four children or more, 35%. The Texas Family Code also has a suggested visitation formula that provides for the non-possessory parent to have custody of the children every other weekend and alternatingholidays.
What if I have a child by a man who later denies responsibility for fathering the child?
You can file a paternity lawsuit. Once this occurs, the court will order blood tests. If the court determines that the man is the father, the court will determine custody, visitation rights and child support. If neither the mother nor the father want the father to be involved with supporting or raising the child and if the mother does not apply for welfare support, no paternity action is required. If the custodial parent applies for governmental financial assistance, the County Attorney or Attorney General will bring suit against the non-paying parent to recover moneys they have paid to the custodial parent for child support.
Spousal or Child Abuse
What if someone abuses me or my child?
Most importantly, protect yourself and your children by moving out of harm's way to a friend's house or possibly to a battered women's shelter. If you live in Travis County, you may obtain a protective order free of charge through the Travis County Attorney's office. A protective order is an option in cases of:
- abuse by a family member;
- abuse by a person with whom the victim has had a "dating relationship;"
- sexual assault.
If you are a victim of abuse, or if you have knowledge of abuse, there are community organizations that can help. (See the list of community resources at the end of this handbook.) Texas law requires any person who suspects or has actual knowledge of child abuse to report the situation to the Texas Department of Protective and Regulatory Services.
