Author: Matt

If you are considering filing for divorce, you should place special attention on the state in which you intend to file. In most cases, you will file for divorce in the state that you are living in, but you may have other options if you recently relocated to a new state.

If you intend to file for divorce in Texas, you should, therefore, make sure that you fully understand the laws that will apply to you. The following are some of the most relevant.

Grounds for divorce in Texas

In Texas, you do not need to allege that your spouse was at fault for the breakdown of the marriage. Instead, you can file for a “no-fault” divorce by stating that the marriage has become insupportable because of a conflict of personalities. You should also be able to show that there is no reasonable expectation that this conflict will be resolved.

To file for divorce in this state, you will need to have been residing here for at least 6 months prior to your request.

Property division in Texas divorces

Marital property is subject to division at divorce and Texas is a community property state — but that doesn’t necessarily mean an even split when spouse’s divorce. If you and your divorcing spouse cannot agree on how to divide your marital property, the court will arrange it in a way that they consider just and fair.

If you are unhappy in your marriage but you are not sure how divorce will affect you financially, you should take the time to understand how the law will apply to your situation.

You’re the biological father of a newborn Texas baby. There’s no question that you are the legal father, right?

Hang on. There just might be.

The bottom line concerning Texas paternity law is that it is anything but simple and direct. In fact, we note at the established Dallas family law firm of Katie L. Lewis that it is “detailed and confusing.”

What that sometimes mean is this: Males and females alike who think that paternity is a cut-and-dried matter can easily find that relevant law doesn’t align with their expectations.

Back to that above question regarding fatherhood. We duly stress on our website that “the legal definition of fatherhood is dependent upon biology, timing, marital status and a variety of other factors.”

Does that clear things up?

We didn’t think so. In fact, it is likely the case that either a male or female having questions or concerns regarding paternity will reasonably want to consult with proven paternity legal counsel. Following are a few key paternity-linked points to note.

First, being a biological father does not equate by itself to legal fatherhood in Texas. If you are a dad who is married to a woman when she gives birth, you are automatically deemed a legal parent. If you are unmarried, though, paternity must be established.

That is done through voluntary acknowledgment or involuntarily pursuant to a court order. Either a mother or father (as well a child or state authorities) can file a formal “Petition to Adjudicate Parentage.”

Establishing paternity can have material and wide-ranging consequences for all affected parties. An experienced family law attorney can provide further information and, when necessary, diligent legal representation.