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Are there legal requirements for divorcing in Texas?

On Behalf of | Oct 22, 2015 | Family Law |

Nearly every state has specific requirements for filing for a divorce. Obviously the dissolution of a marriage is a significant issue in many ways: legally, socially and even religiously for some people. Because of this, states want to make sure that people cannot simply file for divorce haphazardly and without treating the situation with the severity it deserves. That is why certain requirements must be met in most states before divorce proceedings can continue.

One such requirement in Texas is the residency requirement, which states that in order to file for a divorce in Texas, at least one party must have an established residency in the state for at least six months. Additionally, that party must also have lived in the county in which he or she files for divorce for at least 90 days. After a suit is filed, there is a 60-day waiting period.

While these timelines serve to ensure that married couples are not divorcing in Texas without being residents of the state, it is also important to note the reason for a divorce. Texas recognizes no-fault divorce, which means that there does not have to be a specific instance or reason for which couples seek to end the marriage. Neither party must be at fault in any way, so long as the couple agrees that the marriage is unsalvageable.

Of course, just because you do not have to have a reason doesn’t mean that you cannot have a reason. If, for example, you can prove that your spouse was cruel or committed adultery, you will have strong grounds for divorce. These grounds for divorce are significant because they can affect how your divorce proceedings play out in many ways. If you are seeking a divorce in Texas, consider meeting with an attorney to help you understand the many laws that govern divorce in our state.