Texas Divorce Laws: Key Information for Your Case

Divorce is often a complex and emotional process, and understanding the laws that govern it can make all the difference. In Texas, divorce laws are designed to provide a framework for resolving disputes and ensuring a fair outcome for both parties. Knowing the specifics can help you navigate this difficult journey with greater confidence.

To initiate a divorce case in Texas, it’s essential to be aware of key elements such as residency requirements and the grounds for divorce. Additionally, understanding the types of divorce, whether contested or uncontested, can significantly influence the time and resources your case will require.

This article will provide you with crucial information regarding Texas divorce laws, offering a step-by-step guide to obtain a divorce, from filing to finalizing the process. Equip yourself with the knowledge necessary to approach your situation effectively.

Divorce Laws in Texas

Divorce can be a stressful process, but understanding the laws in Texas can help. Texas follows a no-fault divorce system. This means you don’t need to prove wrongdoing by your spouse to get a divorce. Instead, you can simply state that the marriage cannot be repaired. Here, we will go over the basics of residency requirements and grounds for divorce in Texas.

Residency Requirements

Before you can file for divorce in Texas, there are specific residency rules you must meet.

1. State Residency: At least one spouse must have lived in Texas for at least six months before filing.
2. County Residency: That same spouse must also have lived in the county where they file for at least 90 days.

Texas courts require couples to meet these residency requirements to ensure they have the legal right to oversee the case.

Grounds for Divorce

Texas offers both no-fault and fault-based grounds for divorce. Here’s a list of grounds you can claim:

• Insupportability: When neither party is at fault, but the marriage is no longer viable.
• Cruelty: When one spouse treats the other cruelly, making the marriage unbearable.
• Adultery: When one spouse has been unfaithful.
• Conviction of a Felony: If a spouse has been convicted of a felony and imprisoned for at least a year, this can be grounds for divorce.
• Abandonment: If a spouse leaves for at least a year without intention of returning.
• Living Apart: Couples living apart without cohabitation for three years.
• Confinement in a Mental Hospital: If a spouse has been confined in a mental hospital for at least three years with little chance of recovery.

Knowing the grounds for divorce can help you decide which path is suitable for your situation in Texas. Understanding these guidelines can make the process smoother and less stressful.

Types of Divorce

Divorce in Texas falls into two main categories: contested and uncontested. Each type has its own set of rules and procedures. It’s important to understand the differences to decide which type suits your situation best.

Contested Divorce

In a contested divorce, the spouses do not agree on key issues. This might include property division, child custody, or support. Because there is disagreement, these cases often take longer and may require going to court. A judge will then make decisions about the disputed matters. Contested divorces can be stressful and costly due to legal fees.

Common Issues in Contested Divorce:

• Division of assets and debts
• Child custody and visitation
• Spousal support

Step-by-Step Guide to Obtaining a Divorce in Texas

Divorce can be a challenging process. Understanding the steps can make it easier. This guide will walk you through what you need to know to get a divorce in Texas.

Filing for Divorce

1. Eligibility: Before filing, make sure you or your spouse have lived in Texas for at least six months. You must also have lived in the county where you file for at least 90 days.
2. Prepare Documents: Start by filling out the Original Petition for Divorce. This document begins the divorce process.
3. File the Petition: Submit your completed petition to the county court. There is a filing fee, but fee waivers are available if you qualify.
4. Serve the Papers: Once filed, the petition needs to be officially delivered to your spouse. You can use a process server, constable, or certified mail.

Responding to a Divorce Petition

1. Receive the Petition: If you are served with divorce papers, read them carefully to understand the claims and requests your spouse is making.
2. File an Answer: You have 20 days plus the next Monday to file your response. This is your chance to agree or disagree with the petition.
3. Consider Legal Help: While not required, a lawyer can help you protect your rights and understand your options.

Court Hearings and Mediation

1. Temporary Orders Hearing: This may be necessary to establish rules about finances, children, and property until the divorce is final.
2. Mediation: Texas often requires mediation before a trial. Mediation is a chance to agree on issues without a judge’s decision.
3. Court Hearings: If mediation fails, a judge will hold a hearing. Here, both sides present their case.

Finalizing the Divorce

1. Agreement or Trial: If you and your spouse agree on all issues, you can submit an agreed decree. If not, a judge will decide.
2. Final Decree of Divorce: This document includes all decisions about property, debts, and child care. Once signed by a judge, the divorce is official.
3. Waiting Period: There is a mandatory 60-day waiting period from filing before the divorce can be finalized.
4. Post-Divorce Steps: Update your financial records, insurance, and any other documents to reflect your new marital status.

This guide gives you a basic outline of the process, but remember, each case is unique. Always consider consulting a legal professional for specific advice.

Talk to a Lawyer

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.