What is the process for starting a divorce a divorce?
The first step in obtaining a divorce is to file a petition in the appropriate court. You must be a resident of the State of Texas for the previous six months and a resident of the county for 90 days. The divorce can be filed in your county of residence or the county your spouse lives in.

How long does it take to obtain a divorce?
In Texas there is a 60 day waiting period after the filing of a petition for divorce before the divorce order can be completed. If the parties have an agreement the divorce can be completed on the 61st day. Many divorces are not agreements and have to be tried in front of the judge. If the case has to go to trial its difficult to state how long it will take because of the many factors that come into play; such as how quickly the case will get set on the courts docket and what actions the attorneys will find it necessary to take in the case to bring it to completion.

Do you have to go to court to get a divorce?
Yes. A court of law is the only was to dissolve a marriage. If the parties have an agreement, you may only have to go to court one time to prove up the divorce. This simply means you stand before the judge and the facts of the case on the record. If the parties do not have an agreement its possible to find yourself in court on more than one occasion.

How are custody and visitation decided?
If the parents do not agree on custody and visitation, the court has to make the decision. The judges overriding consideration is the childs best interest. The court considers many factors which to include:

• The childs age
• The childs gender
• The childs mental and physical health
• Any history of child abuse
• The parents mental and physical health
• The parents lifestyles
• The emotional bonds between the child and each parent
• The parents ability to provide guidance to the child
• The parents ability to provide adequate food, shelter, clothing, and medical needs
• The childs routines including home, school, community and religious
• The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent
• If the child above a certain age, the court may consider the childs preference

In many cases the consideration of these factors results in awarding custody to the parent who has been the childs primary caretaker. Although this is often the childs mother, any preference for the mother strictly on a gender basis is outmoded.

How is child support decided? Child support is in Texas based on the formula provided by the Texas Family Code. The person paying child support usually pays 20% of their net earnings for one child. This percentage increases with each child: 25% for two children, 30% for three, etc. The court takes into consideration if the person paying child support is responsible for other children and will reduce the percentage he or she has to pay.

How is property divided? The parties in the divorce can agree on property division or the judge will make a decision for them if they cannot reach an agreement. The judge is guided by the Texas Family Code in division of community property. The Texas family code requires the community property to be divided in a manner that seems just and right. The judge will consider many different factors in dividing the property.