Dissolution of Marriage

Question 1

Grounds for divorce - No fault

Answer 1

Marriage has become “Insupportable”

Most common ground used

Only defense is “reasonable expectation of reconciliation”

Question 2

Ground for divorce- Fault

Answer 2

6 fault grounds, unlikely to be tested on the bar

1. adultery
2. cruel treatment
3. abandonment
4. living apart for 3 years
5. confinement in mental hospital for at least 3 years
6. conviction of felony with at least 1 year imprisonment

Question 3

Tort action available fro injury to the community estate?

Answer 3

No

Question 4

Durational Residency Requirement- Petition for Divorce

Answer 4

Either party must have been domiciliary of TX for the preceding 6 months

AND

a resident of the county in which the suit is filed for the preceding 90-day period

Exception for military or government service people

Question 5

• Where must petition for divorce be filed?

Answer 5

• if both Texas domicilairies: county where either party lives
• If one of the parties has been a domiciliary of TX for at least 6 months, a nonresident spouse may sue for divorce in the county where the other spouse resides at the time the petition was filed

Question 6

Suit for annulment or to declare marriage void

Answer 6

A suit to annul a voidable marriage or t declare a marriage void may be maintained only if:

1. the parties were married in TX; OR
2. either party is domiciled in TX

Question 7

Procedure Rules

Answer 7

All procedure rules apply to all dissolution actions: divorce, annulment (voidable marriage) and a suit to declare a marriage void

Question 8

Court may order Counseling

Answer 8

While a divorce action is pending, the court may direct parties to go to counseling

Counselor cannot later testify about what is discussed

Question 9

*SAPCR

Answer 9

Suit Affecting Parent Child Relationship

If parties to a divorce proceeding are parents then must include separate SAPCR suit

Can be used to resolve: custody, visitation, child support adoption, paternity and termination of the child-parent relationship

Question 10

*Persons who may bring a SAPCR

Answer 10

Parent, intended parent under a gestational agreement, child (through a representative), guardian, a custodian or person granted visitation by court of another state or county, governmental entity, authorized agency, and under certain circumstances a foster parent who has actual care, control and possession of the child

Grandparent or other relative may file an original suit seeing appointment as managing conservator under limited circumstances, if substantial past contact with the child

Question 11

*Venue for SAPCR

Answer 11

When it is tied to a divorce action, the divorce venue rules control

In other cases, I should be brought in the county where the child resides

The child is deemed to reside where the parents, guardian, or foster parent resides

Venue rules cannot be modified by the parties’ agreement

Question 12

*Continuing Exclusive Jurisdiction

Answer 12

Upon entry of a final decree in a SAPCR, the court retains contenting, exclusive jurisdiction of all parties and matters in connection with the child

Allows the court to modify all aspects of its decree

If transferred, the new court will be the place of continuing exclusive jurisdiction

Question 13

*Long Arm Jurisdiction Over Nonresidents- SAPCR

Answer 13

There is personal jurisdiction over a nonresident for SAPCR purposes if the individual:

1. was personally served in TX
2. submits to the jurisdiction of TX by consent
3. resides in TX with the child
4. the child resided in TX as a result of acts or directives
5. any other constitutional basis

Question 14

Transfer of CP after divorce proceeding has been filed

Answer 14

If intent to injure the rights of the other spouse, than the transfer will be void

But, will not be void if transfer is to 3P with no notice

Question 15

• Temporary Restraining Order (TRO)

Answer 15

ex parte TRO may be issued to prevent harassing actions; after notice and hearing the TRO can be extended to a temporary injunction

Question 16

• Temporary Injunction

Answer 16

can require sworn inventories and appraisals, can exclude one spouse from the residence, can require the support of either spouse

Question 17

• Protective Orders

Answer 17

• prima facie showing: violence has occurred or is likely to occur
• range of prohibitions: communicating with another party, going near residence or place of employment of party, engaging in harassing conduct to another party, possessing a firearm (exam tip: just name a bunch that look like they could apply based on the facts)
• -If clear and present danger that spouse will commit family violence again, a court may issue an ex parte TPO (violation will be a criminal offense)

Question 18

60 day waiting period

Answer 18

60 days must elapse between filing of the suit and the granting of a divorce, but a decree entered in a short time is not subject to collateral attack

No waiting period if annulment (voidable marriage), void marriages, or convictions of family violence

Question 19

Court ordered Alimony

Answer 19

Not Valid in TX, but if ordered in another state will be respected and upheld in TX through the full faith and credit clause

Different from limited spousal maintenance which is allowed

Question 20

Just and Right division of Community Property

Answer 20

Court must order a division of property in a just and right manner- does not mean that it has to be equal

Question 21

• If spouse wants to protect himself from abusive ex after divorce, what can he file?

Answer 21

Temporary Restraining Order

Temporary Injunction

Temporary Protective Order

Protective Order

Question 22

• Duration for protective order

Answer 22

In Texas, the longest period for which a court
MAY issue a protective order is two years.

After two years, the parties must again have a hearing before the court to determine where the parties
stand at the time and whether a the order should be modified or re-issued at all.