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  Divorce is never pleasant or easy, and with two children in the picture the process becomes more complicated. Despite the stress, it's imperative to know the laws and procedures before filing for a divorce in Texas.
  
  

The Basics

• Prior to divorce, you must have been a resident of the county in which you reside for a minimum of 90 days. If you have been a county resident, the next step is to file an "Original Petition for Divorce" with the Family District Court. The court will need to know if it is a consensual divorce. This means that both parties agree on all counts and the divorce can be finalized without a trial. If, however, no agreement can be made, a trial date will be set.
  
  

The Children

• Texas courts manage children in a divorce as the parents should--they put them first. In Texas, the court presumes that joint custody is the best course unless there is a prior record of physical violence, abuse or drug use. The court refers to this as the "Parenting Plan." This plan is an attempt by the court to establish parental rights, resolve parenting issues, and put in place procedures for future altercations. If the parents cannot come to an agreement, the court can order a mediator or "parenting coordinator" to get involved. If this is required by the judge, it will be at the parents' expense unless there are documented financial exceptions.
  
  

Child Support

• When the court decides which parent will be responsible for paying child support, it uses a very simple math formula to determine what that amount will be. For one child, 20 percent of the payer's resources will be required. For two children, the percentage increases to 25 percent. Three children is 30 percent, and so on. Child support in Texas is court-ordered and the state will jail those refusing to meet their financial obligations. Civil and criminal remedies are available to the parent who is not receiving the support ordered by the court.
  
  

Key Fact

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  Texas is a Community Property state. This means that all property will be divided equally among the husband and wife.