Learn How Texas Divorce Laws Affect Your Case

To file for a divorce in Texas, you need to know about the Texas divorce laws. The fact is, the divorce laws are not the same in all the states of the country, and so it makes sense to know those in the state in which you have to file for divorce.

First, You Have to Meet the Residency Requirements

You may file suit for divorce if either you or your spouse have been domiciled in the state for the preceding 6 months, and resident of the county in which the suit is filed for the preceding 90 days.  If your spouse has been domiciled in the state for at least the previous 6 months, and you have been domiciled in another state or nation, you may file a suit for divorce in the county where your domiciled spouse resides at the time you file the petition.

There is an exception, and it concerns military personnel. A person serving in the United States armed forces, and not previously residing in Texas, stationed at one or more military installations in this state for at least the previous 6 months, and at a military installation in a county of this state for at least the previous 90 days, is deemed eligible to file suit for divorce during that period.

Grounds for Divorce – 2 Options for You

One type of divorce is a ‘no-fault’ divorce. In such a case, neither you nor your spouse holds the other responsible for the breakdown of the marriage. The two of you recognize that the marriage has become insupportable, and it is no longer retrievable.

If you have lived apart without cohabitation for at least 3 years, it makes your case watertight. In that event, the court, after convincing itself of the sincerity of your convictions, will grant you a divorce with just the time necessary to get the paperwork complete.

Your other option is of course to charge your spouse with responsibility for your marital breakdown. At that point, you may be inviting a legal conflict either by way of defense against your charge or a counter-charge against you.

The Grounds for an ‘At-Fault’ Divorce

•    Cruelty: Cruel treatment that makes it impossible to live together
•    Adultery: When a spouse has a physical relationship with another person
•    Conviction for Felony: Your spouse has been convicted of a felony and imprisoned for at least one year in any state or federal penitentiary, and has not been pardoned.
•    Abandonment: Your spouse has left you with the intention of abandonment, and stayed away for at least 1 year (but not necessarily if he or she has simply run away from your abuse).
•    Confinement for Mental Disorder: At the time the suit is filed, your spouse has been confined in a state or private mental hospital (as defined in the Health and Safety Code) for at least 3 years, and it appears that his or her mental disorder is such as to make a cure unlikely or a relapse probable.
•    Impotency – According to the Texas divorce law, the inability to engage in sex or bear a child is also a ground for divorce.

If you or your spouse makes a specific request, the court will, unless there are specific grounds for denial, permit restoration of the name previously used and state as much in the decree of divorce or annulment. A change of name however does not release a person from the liability incurred under a previous name or defeat a right the person held under a previous name.

The Paperwork

The essential or primary documents in any divorce proceeding in Texas are the Petition for Divorce at the start and the Decree of Divorce at the completion. There may be anywhere from 10 to 20 other documents that may be required throughout the filing and discovery phases of a divorce case. A few other documents typically filed during the process are Verification, Marital Settlement Agreement, Financial Affidavit and the Child Support Worksheet.

Texas is a "community property" state. This term covers all property acquired during a marriage. In a divorce settlement, it means all property will be divided equally by the court if you are unable to reach a mutual settlement through negotiation.

As for spousal support, the obligation of one spouse to provide support to the other financially, on a temporary or permanent basis, is decided on a case-by-case basis. It can be as agreed by the two of you, or the court may decide this as well if you cannot reach a consensus.