Blog

Question : When can a marriage be considered invalid under Texas law despite the presumption of validity? Answer:While Texas strongly presumes the validity of every marriage, that presumption can be overcome only in limited circumstances, as laid out in Chapter 6 of the Texas Family Code. A marriage may be declared void or voidable under […]

Question : What is the public policy rationale behind presuming every marriage in Texas to be valid? Answer:The Texas Legislature has declared a strong public policy in favor of preserving and upholding the validity of marriages. The rationale behind this presumption is multifaceted: Promote Public Health and Welfare:Marriage is seen as a stabilizing social institution. […]

Question:What types of legal actions are considered a “suit for dissolution of a marriage” under Texas law, and what are the differences between divorce, annulment, and a suit to declare a marriage void? Answer: Under Section 1.003 of the Texas Family Code, a “suit for dissolution of a marriage” includes three types of legal actions: […]

Question:Which Texas courts are authorized to hear and decide family law cases under Title 1 of the Texas Family Code? Answer:Under Section 1.002 of the Texas Family Code, the term “court” refers to the district court, a juvenile court with district court jurisdiction, or any other court explicitly granted jurisdiction over suits under the Family […]

To file for divorce in Texas, either the petitioner or the respondent must have lived in Texas for at least six months and in the county where the suit is filed for at least ninety days. Owning property in Texas alone does not meet this requirement. Temporary absences from the county during the ninety-day period […]

In Texas, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. It can be proven with circumstantial evidence, but the proof must be clear and convincing. Mere suspicion or rumors are not enough. Even if adultery is proven, the court may still grant the divorce on […]

No, religious beliefs cannot prevent a divorce in Texas. The courts maintain jurisdiction over all marriages, regardless of religious views. Even if a couple believes their marriage should not be dissolved due to religious reasons, the state governs the legal aspects of marriage and can grant a divorce. The U.S. Supreme Court’s decision in Obergefell […]

In Texas, the grounds for divorce are determined at the discretion of the trial court and can be based on both no-fault and fault grounds. The three no-fault grounds include: Texas also recognizes several fault grounds for divorce, including cruelty, adultery, conviction of a felony, and abandonment. While fault grounds can influence the court’s decision […]

When an inmate requests a bench warrant to attend their divorce trial in Texas, the court evaluates several key factors to determine whether the request should be granted. These factors include: These factors are carefully weighed by the court to balance the inmate’s right to participate in their divorce case against the practical and security […]

Standing orders are a set of rules or court orders that automatically take effect when a divorce action or suit affecting the parent-child relationship is filed in Texas. These orders are designed to protect the parties involved, as well as any children, and to prevent the dissipation of marital assets during the divorce process. Standing […]