Know the Laws: Texas
UPDATED March 9, 2009
- What are the grounds for divorce in Texas?
- What are the residency requirements to file for divorce in Texas?
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce?
back to topWhat are the grounds for divorce in Texas?
There are 7 grounds (reasons) for divorce in Texas. Only the first ground listed below does not assign fault to either spouse for the break-up of the marriage. The other 6 grounds do require one spouse to blame the other for the divorce.
1. Insupportability - The marriage can no longer continue because of disagreements or differences that cannot be resolved.
2. Cruelty - When your spouse is guilty of "cruel treatment" towards you to the point that it is no longer bearable to continue living together.
3. Adultery - When your spouse has cheated on you (known as committing adultery).
4. Conviction of a felony - When, during the marriage, your spouse has been convicted of a felony and imprisoned for at least one year (in any state or federal prison) and
has not been pardoned. However, you cannot use this ground if your testimony is what was used in court to convict your spouse.
5. Abandonment - When your spouse left you with the intention of abandoning you and he remained away for at least one year.
6. Living apart - When you and your spouse have lived apart (without cohabitation) for at least three years.
7. Confinement in mental hospital - When, at the time you file for divorce, your spouse has been confined in a mental hospital (state or private) for at least three years and
it appears that his mental disorder is the type that will not get better (or if it does get better, it appears that a relapse is probable.)*
* Tex. Fam. Code §§ 6.001 - 6.007
back to topWhat are the residency requirements to file for divorce in Texas?
To file for a divorce in Texas, at the time the divorce is filed, either spouse must have been living in Texas for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period.* Any time spent outside of Texas while serving in the U.S. armed forces is still counted as residency in Texas for the purpose of calculating the six-month and 90-day time periods.**
If you do not live in Texas but your spouse does (and he has been living in Texas for at least the past six months), you can file a suit for divorce in the county in which he lives.***
* Tex. Fam. Code § 6.301
** Tex. Fam. Code § 6.303
*** Tex. Fam. Code § 6.302
back to topWhat are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
- Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. This is called “contesting the divorce.” If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you and/or the court. If your spouse agrees with everything and signs the papers, this is called an “uncontested divorce.” Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce).
- Fifth, if there is property that you need divided or if you need financial support from your spouse, then you will have to work that out either in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.
back to topWhere can I find additional information about divorce?
The following links may provide helpful information:
Texas State Bar Association
"Pro Se Divorce Handbook"
TexasLawHelp.org
Links to court forms and information on divorce in TX.
Divorce Support - Texas
Provides a professional directory of divorce lawyers, mediators, counselors, financial planners and other divorce professionals as well as articles on child custody, visitation, child support, alimony, and property and debt division. You will also find access to other state specific resources, products and services.
Texas Divorce Legal Information Center
A resource on divorce and family law in the State of Texas for non-lawyers and pro se litigants.
WomensLaw.org has no relationship with these organizations and does not endorse their services. We provide these links for your information only.
