In Texas, the journey to legally ending a marriage is grounded in specific legal frameworks,
notably the “Texas Divorce Residency Requirements.” These requirements are not just legal
formalities; they are the foundation ensuring that the Texas court system has the authority to
oversee your divorce.
What Is Divorce?
Divorce is how a marriage is legally ended. In the case of a divorce, the court decides who has
custody of the children from that marriage, which spouse is eligible to pay or receive support,
who controls property, and who is responsible for debts.
Divorce Process Stages in Texas
1. Legitimate Reasons for Divorce
Before a divorce petition is submitted to the district court, substantial legitimate reasons
must first be claimed in the divorce papers. This legitimate reason is a justification given
to the court for the marriage’s dissolution.
Under Texas law, the person filing for the divorce must select and prove at least one
ground for the district court to grant the divorce. The Texas Family Code provides seven
legitimate reasons for divorce in Texas:
- Insupportability – The marriage can no longer continue because of
disagreements or differences that cannot be resolved. - Cruelty – When a spouse is guilty of “cruel treatment” towards the other to the
point that it is no longer bearable to continue living together. - Adultery – When a spouse has cheated and is not faithful to the marriage.
- Conviction of a Felony – When, during the marriage, a spouse has been
convicted of a felony and imprisoned for at least one year (in any state or federal
prison) and has not been pardoned. - Abandonment – When a spouse leaves to abandon the other and has stayed away
for at least one year. - Separation – When both spouses have lived apart (without cohabitation) for at
least three years. - Confinement in a Mental Hospital – When, at the time a spouse files for
divorce, and the other spouse has been confined in a mental hospital for at least
three years, and it appears that their mental disorder is the type that will not get
better or if it does get better, it appears that a relapse is probable.
Note: There can also be a ground for a “no-fault” divorce.
2. Filing the Petition for Divorce
In Texas, an original divorce petition form will be filled out once the reasons for the
divorce have been listed in the divorce papers. An attorney can fill out the form on behalf
of the client.
The spouse who files for divorce is referred to as the petitioner, and the other spouse is
referred to as the respondent.
The petition filing is the legal document that starts the divorce case.
3. Providing the Other Party with Notice of Divorce
After filing the initial divorce papers with the district court, the petitioner must provide
the respondent with legal notice. This is not the same as just making the respondent
aware. The legal notice requires the petitioner to serve the respondent in one of the
following ways:
- Publication or posting
- Hire a process server
- The spouse signs a waiver of citation
4. Respondent’s Answer and Counterpetition
Once the respondent has been notified that a divorce has been filed, they must respond.
With or without an attorney, the respondent has twenty days from the service date to file
an answer to the petition. After the respondent files an answer, they are entitled to be
present for all court hearings in the divorce proceedings.
In addition to filing an answer, the respondent may file a counter-petition. This divorce
form is similar to the original petition. The counter-petition states the respondent’s
grounds for filing for divorce and what the respondent would like to request from the
court.
5. The Waiting Period
Texas has a waiting period requirement during divorce proceedings which is quite
different from other states.
The waiting period can be a time for the couple to sit down and talk over the issues that
led to the decision to get a divorce, reconcile, or try to reach an agreement on the terms of
the divorce.
A court can only grant the original petition for divorce after it has been pending for at
least 60 days. However, the court may provide an exception to the waiting period if
domestic violence or family violence is involved.
If an agreement can be reached by both parties on matters like child custody, child
support, or marital assets, they may be able to proceed with an uncontested divorce.
During the waiting period, the court may grant temporary orders regarding custody, child
support, and visitation. The court may also order a custody evaluation if custody is likely
to be an issue.
Usually, an uncontested divorce will help keep the divorce costs down, as many people
can go through the process without an attorney. Uncontested divorces are also suitable for
online divorce in Texas.
6. The Divorce Decree
If a settlement cannot be reached by the end of all the above methods, issues will be
presented to a judge at a final hearing.
A final hearing may be set for any time after the 60-day waiting period. The final hearing
may consist of a bench trial (just before a judge) or a jury trial.
If both parties have reached an agreement in writing, the final hearing may be as simple
as answering a few of the judge’s questions before they approve the agreement.
Whether the couple came to an agreement or had a trial, they will receive a final divorce
decree. The divorce decree will generally provide for the division of all community
property and debt, detail the child custody and child support orders, and alimony. All that
needs to be done is to take the signed divorce decree and file it with the clerk’s office for
the marriage to be officially over.
Residency Requirements to File for Divorce in Texas
To file for divorce in Texas, one or both parties must have:
- Lived in Texas for at least six months before filing for divorce.
- Filed in the county that either you or your spouse has lived in for at least 90 days.
- Family law matters are generally heard in the state district courts in Texas. In most cases,
a divorce case is filed through the district clerk’s office. - The original petition, two extra copies, and the appropriate filing fee are then hand-delivered or
mailed to the district clerk’s office in the proper county.
In Conclusion
The complexity of divorce laws makes the assistance of an experienced Texas divorce attorney
invaluable. An attorney provides legal expertise and emotional support throughout this
challenging process. A good attorney will help achieve a smooth and successful divorce process.
They will ensure you meet the eligibility criteria for filing for divorce in Texas and understand
the importance of legal documentation.
FAQ
- Q: What are the residency requirements for filing for divorce in Texas? A: One or both
spouses must have lived in Texas for at least six months before filing for divorce and in the
county of filing for at least 90 days. - Q: How long does the divorce process take in Texas? A: The minimum waiting period is 60
days from the date the divorce petition is filed. The entire process can take longer depending on
the complexity of the case and whether it is contested or uncontested. - Q: Can I file for a no-fault divorce in Texas? A: Yes, Texas allows for a no-fault divorce on
the grounds of insupportability, meaning the marriage cannot continue due to disagreements or
differences that cannot be resolved. - Q: What are the grounds for a fault-based divorce in Texas? A: Grounds include cruelty,
adultery, conviction of a felony, abandonment, separation, and confinement in a mental hospital. - Q: Do I need an attorney to file for divorce in Texas? A: While it is possible to file for
divorce without an attorney, having legal representation can be beneficial, especially in complex
or contested cases. - Q: What happens if my spouse does not respond to the divorce petition? A: If the respondent
does not file an answer within 20 days, the petitioner may request a default judgment from the
court, which can grant the divorce without the respondent’s input. - Q: Can we settle our divorce without going to court? A: Yes, if both parties reach an
agreement on all terms of the divorce, they can file an uncontested divorce, which may not
require a court appearance. - Q: How is property divided in a Texas divorce? A: Texas is a community property state,
meaning property acquired during the marriage is typically divided equally between spouses,
unless otherwise agreed upon or ordered by the court.