Divorce Guide

Getting Texas Divorce

The laws and rules pertaining to separations and divorces vary from state to state. Texas divorce cases consist of two types of cases: one is the contested and the second is the uncontested one. In a contested divorce, two spouses just file for a divorce complaint and they agree on whatever settlement is made. On the other hand, in an uncontested divorce both spouses appoint their lawyers to fight the case on their behalf. The procedures involved in getting Texas divorce are discussed below.

Residency Requirements to File a Divorce in Texas

One of the spouses must be a resident of Texas for 6 months and a resident of the county in which the petition is filed at least 90 days before filing. The paperwork should be filed with the District court of Texas in the county where both the spouses reside. All the paperwork is managed by the District Clerk and his/her assistants.

Grounds for Divorce

There are mostly two grounds for getting Texas divorce. They are:

No Fault: The court may grant a divorce without regard to fault if the marriage has reached a point where it cannot be saved. It may be the differences of opinion between the spouses that destroys the marital relationship and prevents any reconciliation.

The fault grounds on which divorce is granted are:

• Cruelty and adultery
• A spouse is imprisoned for at least a year without pardon
• Abandonment (one spouse leaves the other for a year)
• Living apart (if both the spouses live separately without cohabitation for at least 3 years).
• Confinement in mental hospital (if one spouse is kept in a state or a private mental hospital for at least 3 years).

Divorce Procedure in Texas

After all the requirements are met, the divorce process begins with any one of the partner’s complaint. This is known as original petition which is initiated by one of the spouses. The court issues an order to both the spouses after the original petition is filed in the court. The order states that the couple should stop using any kind of credit cards, automobiles etc. and should not live together. It further states that the documents relating to these things should not disappear, till the court announces its judgment over their use and the divorce.

After this, both the spouses should sign a written agreement stating their agreement and whether both of them could represent their attorneys. The attorneys try to do the settlement between the parties and try to formulate a list of points for negotiating certain terms and conditions. After both the parties come to a conclusion, the attorneys submit the papers in the court and divorce is granted.

Time taken to Finalize the Divorce Case

The whole process takes at least 60 days to be finalized after the case is filed with the court. It also depends on the couple whether they are doing the settlement on their own or with a mediator. The divorce takes place only when the judge signs the divorce papers and announces it in the court.

Texas divorce cases usually comprise of all the points explained above. With these instructions, one should not have a problem for getting Texas divorce.

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