
TEXAS DIVORCE LAWYER
Edward Wade Garrison
Lawyer, Mediator, Attorney at Law
5411 IH 10 W
San Antonio, Texas 78201
(210) 733-4291
(888) 507-8544, Toll Free
Edward Garrison
Texas Lawyer Home Site
Please contact us for divorce information
and representation in San Antonio and all over Texas
TEXAS DIVORCE LAW INFORMATION
& DO-IT-YOURSELF TEXAS DIVORCE FORMS KIT
This page is designed by Edward W. Garrison, lawyer, attorney at law, to offer an overview of Texas Divorce Law. Do not rely on it for legal advice. Every case is different depending on the facts and circumstances. If you are considering a divorce in Texas, we recommend that you consult with Edward Garrison, a licensed Texas attorney to discuss the specifics of your case.
The Law Office of Edward Garrison: (210) 733-4291
Principal Office in San Antonio, Bexar County, Texas.
GROUNDS FOR TEXAS DIVORCE
There are statutory grounds for divorce in Texas:
6.001. Insupportability (the most common ground for divorce in Texas);
6.002. Cruelty;
6.003. Adultery;
6.004. Conviction of Felony;
6.005. Abandonment;
6.006. Living Apart; and
6.007. Confinement in Mental Hospital.
RESIDENCE QUALIFICATIONS FOR TEXAS DIVORCE
A suit for divorce may not be maintained in Texas unless at the time the suit is filed either the petitioner or the respondent has been:
a). a domicialiary of the state of Texas for the preceding six-month period; and
b). a resident of the Texas county in which the suit is filed for the preceding 90-day period.
NOTE: Texas provides certain jurisdiction, venue, and residence qualification provisions which apply only to members of the Armed Forces and/or "other service of the United States or of this state."
WAITING PERIODS FOR DIVORCE AND REMARRIAGE IN TEXAS
a). A court may not grant a divorce before the 60th day after the date the suit was filed.
b). A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.
TEXAS DIVORCE FILING FEES
You should contact the court clerk of the county in which you will be filing your papers for the current filing fee. You may be able to apply for a waiver of fees if you cannot afford to pay or if you are on public assistance. The do-it-yourself form kit will contain a request for waiver of filing fees form.
PROTECTIVE ORDERS AND TEMPORARY RESTRAINING ORDERS
After filing for divorce in Texas either party may petition the court for orders pursuant to statute. These orders may include:
a). Temporary Restraining Orders (without notice to the other party) to protect against unreasonable and harassing actions
b). Temporary Injunctions and Temporary Orders after notice and hearing "for the preservation of the property and protection of the parties"
c). Protective Orders in Cases of Family Violence for up to 2 years
CHILD CUSTODY AND CHILD SUPPORT IN TEXAS
The parent who is given custody by the court is designated the "managing conservator." Texas lawyers often refer to this parent as the "Primary Managing Conservator."
The parent who is given visitation rights is called the "possessory conservator."
When parents are awarded joint custody they are each called "joint managing conservators."
Either the mother or father may be ordered to pay child support. Child support is established by statutory guidelines.
DIVISION OF PROPERTY IN A TEXAS DIVORCE
Texas is a "Community Property" state.
Generally, each spouse is entitled to a "just and right" division of community property.
However, the parties may contractually agree to a suitable property division or the court may order a division of the estate in a manner that the court deems "just and right" after considering the rights of each party and any children of the marriage.
Community Property is all property other than separate property, acquired by either spouse during marriage.
Separate Property is:
a). the property owned or claimed by the spouse before marriage;
b). the property acquired by the spouse during marriage by gift, devise, or descent; or
c). the recovery of personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.
TEMPORARY SUPPORT
After filing for divorce or annulment, the judge may order one spouse to pay the other temporary support while the divorce is pending.
ALIMONY
There is no alimony in Texas.
However, limited "spousal maintenance" may be awarded:
a). upon agreement by the parties;
b). by order of the court if the marriage lasted for more than ten years; or
c). by order of the court against one spouse convicted of family violence against the other spouse.
CHANGE OF NAME
In a decree of divorce or annulment in Texas, the court shall change the name of the party specifically requesting the change to a name previously used by the party unless the court states in the decree a reason for denying the change of name.
REMARRIAGE
In Texas neither party may marry a third party before the 31st day after the date the divorce is decreed.
However, the former spouses may marry or remarry each other at any time.
DO-IT-YOURSELF TEXAS DIVORCE
We offer a do-it-yourself Texas Divorce Kit prepared by Edward W. Garrison, Lawyer, Attorney at Law, for parties who want to handle their own uncontested TEXAS Divorce.
By using our Texas Divorce Kit you can avoid expensive attorney's fees for document preparation and court appearances in an uncontested Texas Divorce.
This Divorce Kit is intended for parties who agree they want a divorce, agree to the terms of the divorce, and where all of the below conditions are met:
1). one or both parties meets Texas jurisdiction requirements;
2). neither party has already filed for divorce;
3). there are no temporary court orders;
4). there are no allegations of family violence;
5). the divorce is uncontested;
6). the parties agree to a division of property;
7). there parties agree to custody and possession and support for the children at the time of divorce;
8). there are no other children expected at the time of divorce;and
9). neither party has filed nor intends to file for bankruptcy.
If you meet all of the above conditions and want to avoid paying attorney's fees for an uncontested Texas divorce our Texas Divorce Kit may be right for you.
Call us with your information or mail it in and we prepare the documents necessary for you to file and complete your Uncontested Texas Divorce.
Your Customized Uncontested Texas Divorce Form Kit will Include:
- Complete detailed instructions on how to use your Texas Divorce Forms;
- an "Original Petition for Divorce";
- a "Waiver of Citation" (to be signed by your spouse in front of a notary);
- the "Final Decree of Divorce";
- other closing documents, specific to your case, such as "Special Warranty Deed" to transfer a party's interest in real property, or a "Power of Attorney" form to authorize the transfer of title of a motor vehicle;
- and "Prove-up Questions" for your final court appearance.
To Order by Phone and Pay by Credit Card, Call Toll Free:
1-888-507-8544
All Major Credit Cards Accepted



-OR-
To Order by Mail Click HERE
Then Send the Completed INFORMATION FORM
Along with a Money Order for the specified amount (as calculated in the completed form):
Texas Divorce Forms
c/o Law Office of Edward Garrison
5411 IH 10 W
San Antonio, TX 78201
*Texas Divorce Form Kit prepared by Edward W. Garrison, Attorney at Law.
Principal Office in San Antonio, Texas
info@garrison-law.com
"THIS SITE INTENDED FOR TEXAS AUDIENCES ONLY"
©1999-2006 Edward Wade Garrison, Lawyer, Mediator, Attorney at Law, principal
office in San Antonio, Bexar County, Texas. All information contained within this web site
is provided for information purposes only and does not constitute legal
advice. No attorney-client relationship exists from the use of this web site,
and an attorney-client relationship may only be established by
contracting directly with Edward Wade Garrison, Lawyer, Mediator,
Attorney at Law. Graphics and material within this web site are either
in the public domain or are copyrighted and may not be reproduced in
any form without the express permission of Edward Wade Garrison, Lawyer,
Mediator, Attorney at Law.
Licensed by the Supreme Court of Texas
Edward W. Garrison
Attorney at Law
(210) 733-4291
