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Requirements For Filing A Divorce

Filing a Divorce

What You Need to Know about Divorce in Texas

Residency Requirements & Grounds for Divorce

When filing for divorce in Texas, you must have been a resident of the state for the last six months and a resident of the county where you file for at least 90 days. Texas is a no-fault divorce state, meaning you can get a divorce without either you or your spouse having to acknowledge or prove the other is at fault for the split. There are two grounds for no-fault divorce in Texas:

  • Insupportability – The marriage is considered insupportable because conflict between the spouses destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
  • Living apart (without cohabitation) – A three-year period of living apart is required.

There are also fault-based grounds for divorce that are recognized in the state:

  • Cruelty – One spouse is guilty of inflicting cruel treatment on the other, making living together impossible.
  • Adultery – You can get a divorce on this basis if you can prove your spouse cheated on you.
  • Conviction of a felony – Your spouse must have been convicted of a felony and imprisoned for at least a year in the Texas Department of Criminal Justice, a federal penitentiary or the penitentiary of another state. However, you cannot get a divorce on these grounds if your spouse was convicted on the basis of your own testimony.
  • Abandonment – Your spouse must have left you and stayed away for at least one year.
  • Confinement in a mental hospital – Your spouse has been in a mental hospital for at least three years, and it appears the mental disorder is highly unlikely to resolve.

Most divorces these days are of the no-fault variety, which makes the process much simpler and less likely to go to court. On the other hand, in contested divorces where there are children or a lot of marital property at stake, the person who feels wronged sometimes prefers to go to court in hopes of getting a better divorce settlement. The lawyers at Burrows Law Group can advise you on the pros and cons of selecting fault or no-fault grounds for your divorce petition.

Temporary Assistance from the Court

There is no provision in Texas divorce law for what other states refer to as “legal separation.” Instead, when you file for a divorce in Texas, you can get the court to issue orders—including temporary child custody and support provisions as well as specification of who pays community debts temporarily and who gets to live in the family house during the divorce proceedings—for the period before your divorce becomes final.

Contact Our Lawyers for Legal Assistance Today

If you are looking for an attorney in the North Texas area, call Burrows Law Group at 972-236-7798, or contact our board certified family law specialist here for a consultation.* Our lawyers will put their comprehensive experience to great use as they guide you through the legal process.