What Are the Legal Requirements for Filing for Divorce?
Putting an end to a marriage is one of the most emotionally heavy and challenging decisions a person can make. Complex divorce laws and requirements can further add to the stress. Whether you’ve already consulted with one of the many Houston divorce lawyers or simply considering your options, learning about the legalities involved can help you make informed decisions about your future.
Are there Residency Requirements?
You must meet specific residency rules before filing for divorce in Texas. At least one spouse must have been a state resident for at least six months before filing. You must also file in the same county where you or your spouse have lived for at least 90 days.
If one of you lives in a different state or country, you can still file for divorce in Texas if the other party meets the above criteria.
Is Proving Grounds for Divorce Necessary?
Texas allows both no-fault and fault-based divorces. The state’s version of a no-fault divorce is known as “insupportability,” which essentially means that the marriage has become damaged beyond repair and there’s no hope for reconciliation. Filing under these grounds is the easiest option as it doesn’t require proof that your spouse did anything wrong.
The state also recognizes at-fault grounds, which require proof of one of the following grounds:
- Infidelity
- Cruelty
- Felony conviction with at least one year served in prison
- Abandonment
- Confinement in a mental hospital
- Living apart for at least three years
How to File for Divorce
To start the process, you (the petitioner) must file and pay the court fees in the county where you or your spouse (the respondent) lives. The forms can also be completed online. Find out more about taking this first step with help from a reputable divorce lawyer.
After filing, you must arrange for your spouse to be legally served via post, a process server, a constable, or any other court-approved courier. You can’t do this alone unless the respondent agrees to sign a legal waiver.
Is a Waiting Period Mandatory?
Divorce proceedings in Texas take at least 60 days from the date you first filed the papers. The state requires this waiting period to allow couples to reconsider ending their marriage and potentially reconcile. However, the courts can waive the need to wait in cases involving domestic violence.
While you wait for the divorce to finalize, you or your spouse may ask the court for temporary orders. These can address property use, child custody, and spousal support.
Is Involving Houston Divorce Lawyers Necessary?
Your family law attorney can listen to your specific situation and offer pertinent advice about your options. This is especially relevant if your spouse is likely to contest the divorce or if you can’t agree on important matters such as property division, alimony, and custody agreements for your children.
Some marriages end with both spouses agreeing it’s the best step, while others are more challenging. The logistics of dissolving your marriage will be more or less complicated by your circumstances. Getting legal advice before filing can help ease some pressure and protect your interests during the proceedings.
