What you should know about filing for divorce in Texas

On Behalf of | Mar 16, 2023 | Divorce

Sometimes, circumstances change in a relationship that would impel spouses to end it ultimately. The divorce process might seem intimidating at first, but once you get a good idea of it, it may make things easier for you.

If you are looking into filing a petition for dissolution of marriage but have no idea where to start, you can start by studying the following information on divorce in Texas.

The basic requirements

While all states have a residency requirement for filing a divorce petition, Texas actually has two: state residency and county residency. Parties must meet the following requirements to file a divorce in Texas:

  • State residency: At least one of the spouses resides in Texas for at least six months prior to the petition.
  • County residency: At least one of the spouses lives in the county where they filed the petition for at least 90 days prior to filing.

If the petitioning spouse lives outside Texas, they can still file the petition as long as the other spouse meets the requirements above.

How to start the proceeding

To initiate the divorce proceedings, a spouse must file a petition for dissolution with the family court and then notify the other spouse of the filing. The petitioning spouse can notify the other spouse in person or by mail, or in some allowed cases, via electronic mail and social media.

Role of fault in divorce

In Texas, parties can file a fault or no-fault divorce. The state does not require parties to file one instead of the other. Fault divorce assigns fault to one spouse as the reason for ending the marriage. On the other hand, a no-fault divorce does not attach blame to either spouse and was filed due to the irreconcilability of the marriage. Unlike fault divorce, a no-fault one does not require submission of proof to the court. There are seven grounds for filing a divorce, only one of which supports no-fault divorce: insupportability.

Learning the basic information on the divorce process can set the pace and assist you as you prepare the requirements to file the petition.