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Legal requirements for divorce in Texas

On Behalf of | Aug 28, 2014 | Family Law |

Before you file for divorce, there are a few things you have to consider. Perhaps most importantly, you need to know if your marriage meets the divorce requirements of your particular state. Since the laws can vary by state, it’s imperative that you learn your state’s individual requirements for divorce and ensure that you meet those requirements before you try to take the process any further.

Texas is a “no fault” state, meaning that there does not have to be a quantifiable, listed reason for the divorce, such as physical or emotional abuse. Couples can simply claim that there is discord in their relationship that is unlikely to be resolved under any circumstances. However, at least one member of the marriage must maintain a permanent residence in the state of Texas for at least 6 months prior to the divorce petition being filed. Additionally, there is a 60-day waiting period once you file a suit for divorce, and neither spouse may remarry within the first 30 days of the decree.

It’s important to remember that you don’t need a concrete reason such as adultery or cruelty to divorce in Texas. If you and your spouse have been facing difficulties and there seems to be no end in sight, and if you are no longer happy in your marriage, that is reason enough to seek divorce. You don’t have to be unhappy.

Still, divorce is not something that should be undertaken lightly. Assets will be divided, and if there are children involved, custody arrangements will be made. No matter how you look at it, divorce will change your life, but if you’re sure that divorce is right for you, you can double-check the requirements here and get started.