A divorce can often be a difficult and unnerving experience for anyone involved. In addition to the emotional stress, understanding the legal process that dictates your divorce may appear daunting and confusing. If you or anyone you know is dealing with the issues of divorce in the State of Texas, contact the lawyers at our law firm to ensure you are getting your divorce under the best grounds for your case and your rights are protected.
There are specific procedures that must be followed in order to properly file for a divorce in the State of Texas. The initial step one must be aware of is the residency requirement. In order for a Texas court to hear your divorce case the residency requirement must first be met. Simply put, the residency requirement dictates that at least one of the spouses have been a resident of Texas for at least six continuous months. In addition to the six-month residency requirement for the state, one spouse must also be a resident of the county they are seeking to file divorce in for at least a 90 day period. If you do not meet the residency requirements of the Texas county that your file your divorce in, the court will dismiss your case for they will lack to proper jurisdiction to hear it.
When filing for divorce you must state a legally recognized reason for the end of your marriage. However, there are some divorces that occur where neither spouse is at fault or perhaps neither spouse wishes to address the overlapping issues that ended their marriage within a legal setting. When filing for a divorce, if you and your spouse decide not to attribute any blame or fault to the end of your marriage, a no-fault divorce may be appropriate for you. A no-fault divorce allows a Texas court to grant a divorce without any regards to fault. The only requirement of a no-fault divorce will be a showing that the marriage can no longer continue because of discord or a conflict of personalities which not only ends the marriage but prevents any reasonable chance of reconciliation.
If the negative actions of one spouse are to blame for your impending divorce, you may be eligible for a fault divorce. The poor actions that lead to an at-fault divorce are not simply whatever “bad behavior” you believe your spouse did, but legally defined actions that led to your divorce. A Texas court will grant a fault- based divorce if one spouse is accused of cruelty and therefore living together no longer becomes an option. A Texas court will also grant a fault-based divorce if one spouse committed adultery, which subsequently led to the end of your marriage. Additionally, if a spouse has been convicted of a felony and imprisoned for over a year or confined to a mental hospital for at least three years, a fault-divorce may be granted. Lastly, a fault divorce may also be granted if one spouse has abandoned the other for at least a year or if both spouses have been living apart for at least three years.
The grounds for any divorce in Texas are dictated by well developed state law. Understanding the grounds for your divorce may be crucial and significantly impact other areas of your divorce decree, such as property distribution or spousal support. Therefore if you are attempting to file for a divorce in Texas, do not go it alone. Call 214-326-4664 or contact the divorce lawyers at the Law Office of Lauren Cain to best protect your rights during this legal process.