Texas is a no-fault divorce state. This means that a spouse does not have to prove specific grounds (i.e., adultery, abandonment, etc.) in order to end their marriage. In fact, all the spouse need cite in their divorce petition is "insupportability."
Insupportability is defined under Texas law as "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."
Please note, it does not matter if you object to the divorce. If your spouse wants a divorce, they will be able to secure one.
Residency Requirements
There are two basic residency requirements that must fulfilled in order to obtain a divorce in the state of Texas:
1.) At the time of the divorce filing, either you or your former spouse must have been living in state for the preceding six months
and
2.) At the time of the divorce filing, either you or your former spouse must have been a resident of the county in which the divorce petition is filed for the preceding 90 days
If you are a resident of another state or nation but your spouse resides in Texas, you may file a petition for divorce in the county in which he or she lives. However, your spouse must have lived in Texas for at least six months at the time of the filing.
It is important to note that time spent outside of Texas by a resident serving in the military is considered time spent in Texas and the resident county.
Contact an attorney to learn more about Texas law.
Stay tuned for more information in the next post ...
Related Resources:
• Texas Family Code, Title 1, Subtitle C, Chapter 6 (Texas Constitution and Statutes)