You can still file for divorce in Texas if one of the spouses lives out of state. The requirement only states that one of the spouses has lived in Texas for the required six months. If neither you or your spouse has lived in Texas for the required six months, you will be required to get a divorce elsewhere, or wait to get divorced in Texas until you meet the residency requirements.
Insupportability. This is the only ground for divorce where no fault is placed on you or your spouse. [3] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source By claiming this reason, you are saying there are differences in the marriage that simply cannot be overcome. [4] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source Cruelty. This exists when you are being treated cruelly and it has gotten to the point that it is no longer feasible to live together given the situation. [5] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source Examples of cruelty include physical attacks, constant displays of rage, publicly flaunting another relationship, and staying away from the house often without explanation. [6] X Research source Adultery. Adultery occurs when your spouse cheats on you. [7] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source Conviction of a felony. When your spouse has committed a felony and they have been in prison for one year or more (and have not been pardoned), that constitutes a conviction and becomes a valid ground for divorce. [8] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source However, this is not a valid ground for divorce if your testimony is what caused your spouse to be convicted of the felony. [9] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source Abandonment. When your spouse has left you for a period of a year or longer and has no intention of coming back, this becomes a valid ground for divorce. [10] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source Living apart. When you and your spouse have been living apart, with no cohabitation, for a period of three years or longer, you can claim this ground when filing for a divorce. [11] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source Confinement in a mental hospital. At the time you file for a divorce, if your spouse has been confined in a mental hospital for at least three years and it appears the mental disorder will not get better, you can claim this ground. [12] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source
If you and your spouse have not lived in your county for the required 90 day period, you will be required to wait to file for divorce until one of you meets this requirement.
This rule is not absolute and there are certainly qualifications, so be sure to read all of the laws regarding community property here. For instance, property will be considered separate, and therefore belong to one spouse alone, if the property was owned or claimed by the spouse before the marriage; if the property was acquired by a spouse by gift, devise, or descent; or if the property was recovered by one spouse as a result of personal injuries sustained by that spouse. [15] X Research source If there is one reason to have an attorney during a divorce, this may be one of the most important reasons. The laws surrounding community property can be complex and divorce attorneys often have ample experience handling property distribution.
For the well being of the child, you and your spouse should do your best to agree on a shared custody plan. Doing so will allow your child to spend time with both parents and you will avoid having a judge intervene on the issue. You should also be aware that Texas allows a judge to require one of the spouses to provide child support to the other spouse in certain situations. [16] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source Try to work these issues out before the divorce so you don’t have a judge making a decision you may regret.
In addition, the spouse asking for maintenance must show that he or she is not able to earn enough money due to a mental or physical disability; has been married for 10 years or more and cannot make enough money to support themselves; or has custody of a child of the marriage who has a mental or physical disability that requires substantial care. [19] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source A spouse may also get maintenance if the other spouse was convicted of a crime of family violence that was committed during the marriage and it occurred two years before the divorce filing or while the divorce was pending. [20] X Trustworthy Source WomensLaw. org Site associated with the National Network to End Domestic Violence aimed at providing free legal resources and aid to survivors of domestic violence. Go to source
Foregoing the help of an attorney may be advantageous if you are getting an uncontested divorce where you and your spouse are splitting amicably and will be working out all of the details together. In this situation, an attorney may only hinder your ability to talk honestly and openly with your spouse about all of the issues needing to be resolved. You should also be aware that if you do not have an attorney, you and your spouse will be responsible for drafting and filing all of your legal papers with the court. This task can be time consuming and complex, so be sure you are ready to take it on when you choose to not hire a lawyer. If your divorce is likely to be contested, or if you need help drafting and filing legal papers, then you should consider hiring an attorney. Contested divorces often get messy, with at least one spouse fighting over children, property, and/or money. If this sounds like the divorce you might be going through, an attorney can help you craft legal arguments to ensure you get the fairest distribution of assets possible. An attorney will also be helpful when you do not have the time or expertise necessary to draft and file legal documents. Filing for a divorce is a legal matter and will involve a large amount of legal paperwork.
First, start by asking friends, family, and coworkers for their referrals. A referral can be a great way to obtain a qualified attorney so long as you trust the opinion of the person giving you that referral. If your peers do not know any divorce attorneys, look online by using lawyers. com, nolo, or findlaw. All of these websites are great for searching out qualified lawyer candidates. Second, once you have found a list of candidates, you should contact and set up an initial consultation with them. An initial consultation will help you get a feel for the attorney by meeting him or her in person and being able to ask them questions about themselves and about your case.
If you find out through your research and discussions that hiring an attorney will be too expensive for you, you can try finding an attorney that will take your case on a pro bono basis (taking on the work without charge). Try contacting your local or state bar association for help finding an attorney free of charge. With that said, a lawyer in Texas is not required by law to take on any pro bono work. [21] X Research source
What level of discovery you will need. Discovery is a phase before a hearing where you and your spouse can ask each other for documents and interviews that are relevant to the divorce. The types of documents you may ask for include financial records, tax returns, loan applications, and account records. [22] X Research source Legal notice. This section asks you to check off how you are going to provide legal notice to your spouse. Qualifying questions. The petition will ask you to verify that you meet all the requirements necessary in order to have a divorce in Texas. Dates of marriage. Grounds for divorce. Children’s information. This section asks a number of questions about children you had with your spouse during the marriage. You will be asked about who has jurisdiction over the child, if the child has any property, if the child has health insurance, who has custody of the child, and who has visitation rights with the child. History of violence. You will have to disclose whether there has been any history of violence during the marriage and if that violence is likely to affect the divorce in any way. Property questions. Because you will have to distribute the marital property upon divorce, the court will want to know what property you have, who owns it, when it was purchased, and how it will be distributed (if you know). A request for judgment. This section specifically asks the court to accept your divorce.
If you think your spouse will waive his or her right to notice, you can have them sign a waiver and file that with the petition for divorce. [25] X Research source If you need to notify your spouse and you can locate them, you can send a sheriff or another qualified person to serve your spouse with the divorce papers. [26] X Research source The sheriff or other qualified person will give your spouse the required papers and will have them sign a form stating they were served. If you cannot find your spouse, you can notify him or her through publication, which involves publishing your notice of divorce. [27] X Research source
A denial or acceptance of the divorce petition. Your spouse will have an opportunity to deny any or all of the claims you made in your petition for divorce, or he or she will have the opportunity to accept what was said and finalize the divorce. Separate property. Your spouse will have the opportunity to list the property that he or she considers to be separate, and therefore not allocatable upon divorce. A prayer. A prayer is another term for a request. This simply asks the court to believe the statements made in the answer and rule in favor of the spouse filing the answer. A certificate of service. Once your spouse files this answer, he or she will have to give you or your attorney a copy so you can see it and respond to it.
If your spouse agreed with the petition for divorce and signed the notifications you provided him or her, then the divorce will be uncontested. [28] X Research source Even if your divorce is uncontested, you will still be required to go through the 60 day waiting period and you will have to go to court to have a judge look over the divorce decree and sign it. [29] X Research source If your spouse disagreed and contested with some of the things you had in the petition for divorce, you will have to go to court and settle the disputes in front of a judge.
During this 60 day period, there may be negotiations and/or mediations if the divorce is contested. [31] X Research source These proceedings will help finalize the details of your divorce before having your hearing. You may even work out your differences during these meetings and transform a contested divorce into an uncontested one. There may also be interim court hearings for pressing issues, such as temporary orders for child custody or restraint. [32] X Research source If you and your spouse are unable to agree on child custody while the divorce is being processed, a judge may step in before the divorce is finalized if he or she feels they must do so for the well-being of the child. If this is the case, a judge will rule on who will get custody of the child, at least while the divorce is being finalized. Also, if you and your spouse are having trouble getting along, a judge may step in before your divorce hearing and issue a temporary restraining order, which will dictate whether you and your spouse can even have contact with each other during the divorce process. If children are involved in the divorce, you and your spouse may also have to go through specific classes discussing divorces and children during this waiting period. [33] X Research source
During these parenting classes, you will learn about the responsibilities and hardships of co-parenting after a divorce. [36] X Research source For example, part of the course may teach you about how to handle problems that arise while parenting without your spouse around (i. e. , how to be a good single parent). [37] X Research source
