Divorce, also known as “dissolution of marriage,” is a legal process in which a judge legally terminates a marriage, restoring the parties to the status of being single and permitting them to marry other individuals. Divorce proceedings also include matters of spousal support, child custody, child support, distribution of property and division of debt. Divorce laws vary from state to state.

While divorcing spouses may choose to show a reason for the dissolution of the marriage by assigning fault to one of the parties (like adultery, cruelty or abandonment), Texas allows for “no fault” divorces (usually on the basis of “irreconcilable differences”). Nevertheless, Texas courts usually take into account the behavior of the parties when dividing property and debts, evaluating child custody issues, and determining child and spousal support. Texas also requires 60-day "waiting period" prior to finalizing a divorce, even if the terms of the divorce are agreed to by all involved.

In cases involving children, there is a public interest in ensuring that the children are adequately provided for, and that they are in the custody of a parent or guardian who will provide a stable and supportive home environment. Texas requires parents to decide on custody and visitation, either by reaching a written agreement or in a court hearing, when they legally divorce.


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