Divorce Guide

Divorce Guide

Texas Divorce Cases

The laws and rules pertaining to separations and divorces vary from state to state. Texas divorce cases consist of two types of cases: one is the contested and the second is the uncontested one. In a contested divorce the two spouses just file for a divorce complaint and they agree on whatever settlement is made. On the other hand in an uncontested divorce both spouses appoint their lawyer to fight the case on their behalf. The issues that generally come up during a divorce in Texas are discussed below.

Residency requirements to file a divorce in Texas

One of the spouses must be a resident of Texas for 6 months and a resident of the county in which the petition is filed at least 90 days before filing. The paperwork should be filed with the District court of Texas in the county where both the spouses reside. All the paperwork is managed by the District Clerk and his/her assistants.

Grounds for divorce

Texas divorce cases have both no fault and fault divorce:

No fault: The court may grant a divorce without regard to fault if the marriage has reached to point where it cannot be saved. It may be because of differences of opinion between the spouses that destroys the marital relationship and prevents any reconciliation.

The fault grounds on which divorce is granted are:

  • Cruelty and adultery
  • A spouse is imprisoned for at least a year without pardon
  • Abandonment (one spouse leaves the other for a year)
  • Living apart (if both the spouses live separately without cohabitation for at least 3 years)
  • Confinement in mental hospital (if one spouse is kept in a state or a private mental hospital for at least 3 years)

Divorce procedure in Texas

After all the requirements are met the divorce process begins with any one of the partner’s complaint. This is known as original petition which is initiated by one of the spouse. The court issues an order to both the spouses after the original petition is filed in the court. The order states that the couple should stop using any kind of credit cards, automobiles etc and sharing of houses. It further states that the documents relating to these things should not be disappeared till the court announces its judgment over their use and the divorce.

After this, both the spouses should sign a written agreement stating their agreement and whether both of them could represent their attorneys. The attorneys try to do the settlement between the parties and try to formulate a list of points for negotiating certain terms and conditions. After both the parties come to a conclusion, the attorneys submit the papers in the court and a divorce is granted.

Time taken to finalize the divorce case

The whole process takes at least 60 days to be finalized after the case is filed with the court. It also depend on the couple whether they are doing the settlement on their own or with a mediator. The divorce takes place only when the judge signs the divorce papers and announces it in the court.

Property distribution

Texas is known to be a community property state. Community property refers to all the property that was acquired during marriage. This property is divided equally between the spouses by the court if both parties couldn’t come to an agreement.

Texas divorce cases usually comprises of all the points explained above. So, one shouldn’t have any problem knowing about the divorce procedure in Texas.

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