No Fault Divorce - Texas

In Texas a divorce may be granted for no reason other than the marriage relationship has become insupportable for the reason that there is discord or conflict, that it destroys the legitimate ends of the marriage, and there is no reasonable expectation of reconciliation.  In fact, most divorces are filed and prosecuted as no fault divorces.  The following is an excerpt of case law illustrating the manner the courts have interpreted this provision of the Texas Family Code.

In Cusack, the court stated: "[w]e concluded that it was the intent of the Legislature to make a decree of divorce mandatory when a party to the marriage alleges insupportability and the conditions of the statute are met, regardless of who is at fault." Cusack, 491 S.W.2d at 717 (emphasis added). This statement supports the conclusion that a petitioner's allegation of insupportabilty is not enough, they must also establish the other conditions of the statute are met, i.e., that there is discord or conflict, that it destroys the legitimate ends of the marriage, and that there is no reasonable expectation of reconciliation. The court also noted, "[t]he courts have no right or prerogative to add to or take from such a legislative enactment, or to construe it in such a way as to make it meaningless." Id. To remove any doubt as to the factual nature of those elements, the court concluded: "[a]s we view the [Family] Code, when insupportability is relied on as a ground for divorce by the complaining spouse, if that ground is established by the evidence, a divorce must be granted." Id. (emphasis added). See also Baxla v. Baxla, 522 S.W.2d 736, 739 (Tex.Civ.App.--Dallas 1975, no writ).

 Even assuming, arguendo, that the trial court's statement that there is "no defense" to a petition for divorce on the ground of insupportability were a correct statement of the law, that would not relieve the petitioner of his duty to establish the statutory elements with adequate evidence. Any attempt to determine those factual issues without giving Teresa an opportunity to respond would violate due process. See Federal Sign v. Texas Southern University, 951 S.W.2d 401, 410 (Tex.1997). If Donald sought to avoid the burdens of trial, our rules provide for summary judgment motions. See Tex.R. Civ. P. 166a. His petition and affidavit cannot be deemed to be a motion for summary judgment. While the adoption of "no-fault" divorce dispenses with any burden to establish the source of the conflict rendering the marriage insupportable, it does not relieve the petitioner of the burden to establish the existence of the statutory elements.

The no fault divorce is one ground for divorce. If you are seeking a divorce that awards you a disproportionate share of the community estate than you may want to consider filing a fault based divorce. A fault based divorce is one of several fairness factors the court may consider when deciding whether to award a disproportionate share of the community estate. Clifford Swayze represents people in Williamson County as well as Round Rock, Cedar Park, Leander, and Georgetown for Divorce, Child Custody, and Property division issues.

Experienced Divorce Lawyer Clifford Swayze

The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

Mandatory transfers in child custody cases 

Round Rock Child Custody Lawyer

Clifford Swayze

1000 Heritage Center Circle

Round Rock, Texas 78664

In a child custody modification or enforcement action the new lawsuit must be filed in the court with continuing, exclusive, jurisdiction. There are procedures for transferring these lawsuits to another county when filing a new lawsuit. The State of Texas recognizes that having the court near where the child resides is important. There are many reasons to have the case heard by the court in the county where the child resides including, but not limited to the following: the children’s teachers, counselors, doctors, and all other witnesses to the child’s physical health and emotional development will typically be located within that county. A child custody case deals with numerous issues and facts that make it easier to deal with the case in the county where the child resides. One scenario that may come up is the child has expressed a preference to reside with one parent versus the other. For instance, if the child lives in Round Rock, Texas, and attends school at Round Rock high school and is needed in court to talk to the judge in chambers. If the court is located 100 miles away the child is going to miss one or more days of school. If the court with jurisdiction is 15 or 20 minutes from his school then he may miss only a class or two. When the child has resided in a particular county for 6 months or longer then the State of Texas provides that transfer from a court with continuing, exclusive jurisdiction is mandatory.

The transfer from one county to another is mandatory so long as the motion to transfer is timely filed. This issue can create some confusion when person that does not normally handle family law cases deals with a case. A motion to transfer is timely filed if filed at the time of the other filing or if you are responding to the lawsuit at the time allowed for answering the lawsuit. The Texas Family code controls when dealing with motions to transfer and other venue challenges in child custody cases. There is no due order of pleadings. The overriding principle when dealing with child custody cases is what is in the best interest of the child. The courts are not hyper technical and the rules should be liberally construed in child custody cases. That being said, if you do not file the challenge to venue timely you will waive the mandatory transfer. The documents have to be filed at the time of filing the lawsuit, or if the party is responding to the lawsuit then by the time they are required to answer the lawsuit.

If you are dealing with a modification or enforcement action relating to a child custody case you should consult with an attorney. These cases are incredibly complicated and having an experienced child custody lawyer is important. If you have any questions call the Round Rock Law Offices of Clifford Swayze at (512) 335-5245. We serve the following communities in Williamson County including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.