Divorce in Texas: Basic Laws

Many marriages do not last forever. In the United States, estimates indicate approximately 11% of the total adult population is divorced. While rates in Texas declined between 1998 and 2005, divorce is still highly possible in this state.

Divorce Preliminaries in Texas

Before you consider a divorce, be aware of certain aspects of divorce law in Texas. These relate specifically to filing. Before you can file for a divorce, you and/or your spouse must fulfill the basic requirements of residency.

A minimum of 6 months Texas residency prior to filing
At least one spouse must have resided in the county in which the divorce is filed for 90 days, minimum

In addition to residency, the papers you file must specifically state the reason for the divorce.

Divorce Texas Style

There are 2 basic types of divorce in Texas: no fault and fault. No fault indicates that either person is not at fault. The divorce is the result of a “conflict of personalities” or discord between the two parties that is not perceivably resolvable or reconcilable.

The grounds for a fault divorce in Texas must fall into any of these categories to qualify:

Cruelty
Adultery
Conviction of a felony - providing the individual is convicted and remains for 1-year minimum in a Texas State, other state or Federal penitentiary with no chance of pardon. This is inapplicable if the spouse filing is directly responsible for the conviction
Abandonment – This must be an intentional act by the non-filing spouse. He or she must be absent for a minimum of a year. The couple must be living apart for 3 years minimum
Confinement to a mental facility such as a hospital – the facility may be state or private in Texas or in another state. He or she must be in residence there for a minimum of 3 years. There must be no chance for adjustment. Alternatively, there is evidence the adjustment will either be unlikely or fail

Contacting A Lawyer

A petitioner must also realize there are other factors involved in obtaining a divorce in Texas. He or she must be aware there is no “separation” in Texas. The filing for divorce immediately sets into play such things as disposition of property, child custody and support. This may result, in certain counties, in an immediate standing order. Other options are a temporary restraining order (14 days) and temporary injunction. The complexity of the matters indicates you should consider hiring an attorney versed in divorce law in Texas.

Thinking About Divorce?