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Every state has its own laws and rules pertaining to separations and divorces. This article aims to address some of the basic questions about getting a divorce in Texas.
Residency Requirements
One of the parties to the marriage must have been a resident of the state for six months and a resident of the county in which the petition is filed for 90 days preceding the filing. You will file your paperwork with the District Court in the county in which you or your ex-spouse resides.
How about Legal Separation?
Texas law has no provision for a legal separation. If you file for a divorce, you can ask the court for temporary orders that deal with things such as use of property—e.g. who gets to live in the house—and temporary child custody and support. Texas is a community property state and living apart does not make property you acquire separate property. In future articles, I will discuss the importance of the temporary orders hearing.
Do I need a reason for the divorce? Fault – No Fault
Texas has both no-fault and fault divorce. Your reasons for wanting a divorce are set out in a document called a Petition for Divorce that you file with the District Court in your county. No-fault grounds for divorce are insupportability, living apart for at least three years, and confinement in a mental hospital for at least three years. Fault grounds include cruelty, adultery, conviction of a felony (imprisoned for at least 1 year without a pardon), and abandonment (for at least 1 year).
What is mediation?
Mediation is an option that many divorcing couples choose when working out the specific terms of their settlement agreement. Nowadays, most courts require the parties to attend mediation before a hearing is held in court. Mediation is a procedure in which an impartial third person (the mediator) facilitates communications between the parties to promote settlement of their dispute. Mediation is the predominant method of dispute resolution used in family law.
Can I get an Annulment?
An annulment is when a court declares your marriage legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with. A marriage can be annulled for one of the following seven reasons: 1. if at the time of the marriage, one party was underage, 2. if the person asking for the annulment was under the influence of alcohol or narcotics, 3. if one party concealed a divorce (within the last 30 days), 4. if the marriage took place less than 72 hours after the license was issued, 5. permanent impotency, 6. fraud, duress, or force, and 7. mental incapacity.
If you have more questions, please call Papa Jay at 713-206-9451 or use our contact form.
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