By Earl N Jackson
Board Certified by the
Texas Board of Legal Specialization
Divorce and Annulment in the State of Texas:
Divorce and Annulments in Dallas and North Texas is about setting the marriage aside. Texas is a “no-fault” divorce state which basically means – we are getting a divorce because we do not like one another anymore. In general, most divorces are granted on the no-fault basis. The following bullet points are a good place to start in getting the information that you need to come to terms with your family law case whether it is divorce or annulment.
The Jackson Law Group: when family law gets complicated, we take a calm reasoned approach. Read through the following nutshell divorce points and then turn to our “divorce process page” for a general description of what the most common divorce steps are. Or, if you are searching for information about annulments in Texas, turn to our Texas annulments page.
Texas Divorce in a nutshell:
- All divorces require a 60 day waiting period (the period of reconciliation) before you can actually be divorced. You can file a divorce decree with the court as a Rule 11 Agreement or Settlement Agreement, but you cannot be divorced until the 60 day period has gone by.
- No one has to have permission to get divorced. If a party to a marriage wants a divorce, the court will grant a divorce. It might take some time to get there, but it will grant the divorce. No permission is needed.
- Almost all divorces are based upon irreconcilable differences. “Discord and Conflict that destroys the legitimate ends of the marital relationship where there is no expectation of reconciliation.” This is the “we don’t like each other” basis for a divorce. Indeed, after a period of years people grow apart. They just do. Their lives have taken a different direction. In other cases (very common), adultery is involved. In almost half of all marriages resulting in divorce, the divorce is caused by an extra-marital affair. A very common scenario. This is a fault based divorce. Fault may entitle a party to a greater portion of the marital estate than would otherwise be allocated.
- Property – the property will be divided by the court. In Texas, there is no 50/50 rule. It is called the “just and right” division.
- Children – the divorce decree will make provisions for the conservatorship of the child(ren). There will be a possession schedule. Child support, unless otherwise agreed, will be ordered. Health insurance for the children will be provided usually by the person who is providing child support. Unless there is a basis for denying it, the Texas Standard Possession Order will be ordered. The pages listed below and on the menus will take you to more detailed information about the divorce process.
Annulment in Dallas and North Texas.
- Most annulments are based in some type of fraud that induced a party into the marriage. Our annulment page discusses the various types of annulments and fact scenarios that have taken place in the past. We have never lost an annulment.
- Annulments have no waiting period, “period of reconciliation,” like divorces. After service of process and the time period for return of service (21 days from the date of service, to the following Monday at 10:00 a.m. + 10 days following that Monday), a party can default the other party for an annulment.
- We have obtained annulments where the parties have been married for a couple of years or longer. There is no time limitation on an annulment. BUT, think about it – the longer your wait the less likely that fraud in the inducement of the marriage rings true. Most annulment actions will take place during the first year of marriage.