All the Information You Need About Texas Divorce Requirements

Dissolving a marriage is a tough decision to make. However, once you make up your mind, you must strive to obtain the best possible legal help and collect the correct information. If you’re wondering about Texas divorce requirements, we’ll be discussing the important matters you will need to keep in mind throughout the whole process. This article will include the answers to multiple questions couples who undergo separation and annulment in this state tend to ask.

A close-up of a person’s hands writing.
Divorces vary depending on numerous factors, which is why you should be well informed.

Requirements for Divorce in Texas

According to Statista, the number of marriages that come to an end in the US is dropping. The extensive study they have conducted showcases data from the early 90s until 2019. Nevertheless, the rates still suggest that 2.7 in every 1000 people across America get divorced. If you’re among them, you should know your rights, obligations, and steps to take. Firstly, here’s what you must take care of:

  • State residency requirements
  • Enlisting the reasons for the split-up
  • Filing the necessary forms and providing documents
  • After you file the forms, you need to officially serve them to your spouse.

If both parties agree, the entire process can run quite smoothly. However, if you can’t reach a mutual understanding, your case could end up in court. This option is far more costly and time-consuming, and you will unquestionably need to consult an attorney.

Texas Divorce Residency Requirements, Eligibility, and Legal Grounds

As for the divorce residency requirements, Texas demands at least one of the spouses to be its continuous resident during the minimum six-month period. You should also learn about the absence due to the public service. If either of the spouses has been out of the state for a while and during the time when the petition was filed, and the reason was connected to the military or other public services, it still counts as residence in Texas. The drill is basically the same as in other cases. The party that files should list the grounds upon which they request to end the marital union.

Document highlighted with a pink marker.
Start by collecting the residency requirements.

What Do I Need to File for Divorce in Texas?

To file for divorce in Texas, you will need to get a Petition for Divorce. If you have children, you will need a Health Insurance Availability Affidavit as well. If the spouse is out of state, you must have another important document called UCCJEA Affidavit. This confirms the children’s latest addresses.

You can file the petition with the county court or the district court. However, it is important to remember that the district legal institution must be located in the county where either you or your spouse fulfill the residency requirements.

In this document, you must present the original complaint along with the necessary fees to the clerk. They will file your complaint, assign you a judge and a session if needed, and issue a citation to your spouse.

A decree and a pen.
There are forms you must fill out and submit to the appropriate local institution.

Can I File the Petition Based on Marital Fault?

Here, the law grants divorces based on marital fault. If one (or more) of the following criteria is among your reasons to end the marriage, you base your file upon it:

  • Adultery or bigamy,
  • Cruelty,
  • Conviction,
  • Abandonment.
Divorcing couple.
In the Lone Star State, you can base your requirement on the marital fault.

Other Legal Grounds You Should Know About

In addition to the criteria listed above, you can also base your petition on:

  • Insupportability,
  • Living apart,
  • Mental disorders,
  • Substance abuse.

What Is a No-Fault Divorce and What’s the Process Like?

Divorcing this way signifies that the couple won’t place the blame on the other party. Marriages that end with no bad blood imply a simple process. Children and other family members are also under less pressure. When you choose a no-fault divorce, it’s easy to obtain an online divorce which is often the best alternative, particularly for those who are getting divorced during Covid.

Two wedding rings.
When there’s no marital fault involved, filing for divorce online is often the best and least complicated choice.

How Long Does It Take to Get a Divorce in Texas?

The exact duration of the process largely depends on the case and its specifics. A contested and uncontested divorce can be very different, which makes it impossible to provide a precise answer to the question How long does a divorce take in Texas. The former can go on for years, while the latter can be completed in less than three months. If it’s uncontested, it means that both spouses are on the same page regarding the conditions, and you can file for divorce online.

Wooden mallet over wedding rings.
The duration and costs of the process vary from one case to another.

How Long Do You Have to Be Separated Before You Can File for Divorce in Texas?

Some states have more specific rules regarding the time you have to be separated before getting divorced. Here, the family law seems more flexible. The only requirement is that one of the spouses is a resident of the state for six months and a county resident for at least 90 days. In addition to it, it’s usually good to listen to lawyers and marital counselors regarding these matters. Their advice suggests that a separation that goes on for too long does more harm than it helps.

Texas Divorce Separation Requirements and Temporary Order

Separation and divorce requirements in Texas imply different things. Getting a legal separation is not an option, according to the state’s laws. Still, there are similar options you can consider, such as temporary orders that usually incorporate clauses in regards to child support and alimony. You can get a protective order as well or a separation agreement. Before choosing and fulfilling divorce in Texas requirements, be sure to consult an unbiased attorney’s service.

A couple getting divorced.
Filing for a separation legally is not an option, but you can find similar alternatives.

What Is a Wife Entitled to in a Divorce in Texas?

The Lone Star is one of the 50/50 states. In other words, it is a community property state. All property gathered over the course of the marriage belongs equally to both spouses. The assets are to be split equally between the parties as long as there’s no fault. In more complex cases, you should contact an attorney and seek professional help with the property division.

Family law.
All property gathered during the marriage will belong to both spouses.

Learn About the State Law Before You Filing a Petition

The divorce process in Texas can be pretty sleek if you reach a mutual agreement timely. However, if you get stuck in a contested divorce, you will certainly need some help from a qualified lawyer. Even though you might have some disagreements, avoiding this painful, costly, and time-devouring option can be possible once you find the right mediation service. Additionally, when you are divorcing in Texas with children, you might have to request child support and child custody services. Find the most reliable lawyer and ensure everyone’s wellbeing.