Texas Divorce Laws the Need to be Complied With

Oct 26, 2016 by

In the past, majority of U.S. states granted divorce but only for specific reasons and on specific ground/s. In Texas, particularly, the Texas Family Code clearly specifies that the acceptable and valid reasons for divorce are adultery, bigamy, abuse, impotence, insanity, desertion, drug addiction or alcoholism, conviction in a felony case, and fraud.

As divorce became more common and acceptable, however, states, including Texas, began allowing the filing of divorce on “no fault” grounds, meaning, the spouse filing a petition for divorce need not cite any ground other than irreconcilable differences or insupportability which, according to Kirker Davis LLP, means discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Like in any other state, however, there are more basic laws that will determine the legitimacy of a petition for divorce, such as the issue of jurisdiction or residency requirements. If a court finds out that it has no jurisdictional rights to decide on a petition for divorce, then it will not recognize such petition, resulting to dismissal of what has been filed even before it starts.

In Texas, residency requirements require that:

– The petitioner or the respondent has been a resident in the state of Texas for at least six-months prior to the filing of the petition;
– The petitioner or the respondent has been a resident of the county (where the petition is filed) for at least 90 days prior to the filing of the petition; and,
– If the spouse, who will file the petition for divorce has moved to another U.S. state or another country, then he/she will have to file the petition in the Texan county where his/her spouse has resided for at least six months.

Many individuals in Texas opt to file a “fault” divorce due to the possibility of them receiving a bigger share in the division of property and assets. Some others, however, rather file under “no fault” grounds, reasoning out that a “fault” divorce may take a long time settle (from six months to more than a year). They will have to face too costly court and other legal fees if this will be the case.

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