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How to get a divorce in Texas

On Behalf of | Jun 12, 2023 | Divorce

Each state has its own unique laws in place that dictate the process of getting a divorce. Couples in Texas who make the decision to end their marriages must meet certain criteria and are subject to the process set forth by the state. Understanding how to get a divorce in Texas allows you to get a plan in place as you prepare for the next chapter of your life.

Are you eligible?

In order to file for a divorce in Texas, at least one spouse must have established continuous residency in the state for at least six months. Texas laws also require that you file for your divorce in a particular county. At least one spouse must reside in the county where the divorce petition gets filed for at least 90 days for the petition to be legal.

Is Texas a no-fault state?

Since Texas is a no-fault state, the petitioner (the person who files for the divorce) does not have to provide proof that the other party did something wrong resulting in the end of the marriage. However, Texas judges consider fault when determining property division. Even though Texas is a no-fault state, you can include certain faults in the petition including:

  • Adultery
  • Abandonment for at least one year
  • Cruelty
  • Imprisonment for at least one year
  • Estrangement for at least three years
  • Mental hospital admission for more than three years

The Texas divorce process

When the petitioner files the petition for divorce, the other spouse gets served with papers. The respondent (the spouse who doesn’t file the petition) must file a response. Texas law requires that the divorcing couple attempts mediation before an official divorce trial begins.

Once the divorce proceedings end, the judge issues a final divorce decree. This decree terminates the marriage and sets the rules that both parties must live by regarding property division, child custody, financial responsibilities and more.