Texas Divorce Requirements

 Posted on September 22, 2016 in Complex Divorce

In Texas, couples who wish to terminate their marriage must fulfill certain legal requirements before the divorce can be finalized. Ensuring that all of these requirements are met and that all appropriate paperwork is completed and submitted on time can make an already stressful situation even more emotionally taxing, so if you are considering a divorce, it is important to contact an experienced divorce attorney who can help you navigate the process as smoothly as possible.

Residency

In order to obtain a divorce in Texas, couples must meet specific residency requirements, including that one of the parties:

• Has been domiciled in the state for the six months preceding the divorce proceedings; and
• Is a resident of the county where the suit is filed for at least three months prior to the filing.

Grounds for Divorce

When a couple chooses to end a marriage, the official Petition for Divorce presented to the court must state the reason for the separation, although the appropriate form may vary depending on whether the couple has children. Unlike many states, Texas law does permit courts to grant no-fault divorces if the marriage in question has become insupportable due to conflict and there is no reasonable expectation of reconciliation. The other permissible grounds for divorce include:

• Cruelty;
• Adultery;
• Abandonment;
• Residing apart;
• Confinement in a mental institution; and
• Conviction of a felony.

Each of these grounds for divorce also has its own requirements. For example, in order to qualify for a divorce based on a criminal conviction, one of the spouses must have:

• Been convicted of a felony;
• Been imprisoned for at least a year; and
• Not received an official pardon.

Additionally, a couple may only request a divorce based on the fact that they live apart if they have resided in separate homes for at least three years.

Waiting Period

In Texas, courts do not grant divorces until at least two months have passed from the date that the petition was filed. Once a judge pronounces the judgment in open court and signs the Decree of Divorce, the legal separation is considered final. Generally, parties to a divorce are also not permitted to remarry until 31 days after the divorce is finalized, although in some instances, this requirement can be waived by the court.

Obtaining a divorce can be an emotionally exhausting experience, especially if children are involved. Having an aggressive Georgetown complex divorce attorney can make all the difference in how smoothly and quickly a divorce case is handled, so if you live near the Austin, Cedar Park, Leander, or Round Rock areas and are considering filing for divorce, please contact Powers Kerr & Rashidi, PLLC at 512-610-6199 and we will help you schedule a consultation with one of our experienced divorce attorneys.

Source:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm