State Laws

Texas Divorce

     

Texas Divorce Requirements
Divorces in Texas must first meet the residency requirements before eligibility is assessed. Residency requirements in Texas state that at least one individual in the marriage must reside within the state borders of Texas for a minimum of six months.

Divorce petitions are filed to the county clerks office of the county of residence. If both individuals reside within the state but within different counties, either may petition for divorce in either county. If an individual resides outside of Texas' state lines, he or she may lawfully file for divorce in his or her spouse's Texas county.

Upon filing an individual must reside in the county of filing for a minimum of ninety days prior to filing. Individuals serving in the United States armed forces and stationed in Texas are considered state residents after six months and must also submit to the ninety-day county requirement.

All divorce cases are to be handled by the district clerk's office in the county of residency. Files will be held here until the court hearing date.

Legal Divorce
In order for a divorce to be legal it must be based on legal divorcing grounds. Divorce grounds are the reason for why the individual or individuals request a divorce. An individual filing for divorce will need to state his or her reason for the divorce and then prove these grounds before the court.

Individuals may also petition for divorce together and file on decided grounds. Each state has its own set of divorce grounds that may not be legal in any other state. Texas divides its divorce grounds into seven categories.

Divorcing Grounds
Individuals may petition for divorce on the grounds of No Fault. These grounds state that no one is responsible for the divorce and the marriage has failed due to conflict and irreconcilable differences. Marriage counseling often precedes divorce filing based on No Fault grounds.

All other Texas divorce grounds state that one individual is solely responsible for the divorce. Adultery grounds state that one individual committed adultery while still married to another. Abandonment grounds state that one individual intentionally abandoned another for a minimum of one year. Cruelty grounds state that one individual is guilty of inflicting cruel treatment on his or her spouse that leaves coexistence impossible.

Felony conviction grounds state that an individual was convicted of a felony and sentenced to imprisonment for a minimum of one year in a state or federal facility without pardoning. However no divorce is allowed if one spouse was convicted on the testimony of the other spouse.

Grounds based on confinement into a mental hospital are possible if an individual is confined under the reasons in Section 571.003 of the Health and Safety Code. In order for a divorce based on these grounds to be legal the individual must be confined for a minimum of three years without the hope of a full recovery or improvement.

The final Texas divorcing grounds is that of living apart for a minimum of three years. Under this section individuals may not cohabit in the same living space for the minimum of three years.

See also:
Texas Gun Laws
Texas Bankruptcy Laws
Texas DUI Laws
Texas Gun Laws External link (opens in new window)
Texas Misdemeanor External link (opens in new window)
Texas Expungement External link (opens in new window)