Does Texas require a financial affidavit in all divorces?

To obtain a divorce in the state of Texas, you need to file a Financial Affidavit, along with a Petition for Divorce and Decree of Divorce, a Verification, a Marital Settlement Agreement, and a Child Support Worksheet.

The resolution of whether the divorce is granted or not depends on the specific factors and the conditions of the individual case, but a decree will not be granted for at least 60 days after the filing.  If there are few marital assets and debts and there are no children, the process may be expedited.

Texas is essentially a community property state; therefore, if the parties cannot reach an agreement regarding the distribution of their assets, the court will become involved and distribute them equitably. This could equal a 50/50 split. The court will take into consideration each spouse’s income and prior earnings, as well as each spouse’s pensions and retirement accounts. The court will also consider the earning potential of each spouse to determine who keeps which assets.

If the parents cannot agree on who will gain primary custody of the children or on how much support will be given, the court will decide these issues based on the best interests of the children.  Children 12 years of age and older can submit written statements to the court on which parent they’d prefer to live with.  The court will use child support guidelines in order to determine how much the parent not receiving custody will have to pay to the parent who gains custody.

Talk to a Texas divorce attorney for a case review and to attain legal advice regarding your options under Texas divorce laws.