To file for divorce in Texas, you must be a resident of Texas for at least six (6) months and resident in the county you are filing for at least ninety 90 days.
Either spouse can get a divorce in Texas and fault is not required. When a divorce is filed, a simple statement that the marriage has become insupportable due to irreconcilable differences, and that there is no reasonable expectation of reconciliation.
How does the divorce process work in Texas?
The legal divorce process begins when one of the spouses files an Original Petition for Divorce in the Family Courts. The Divorce Petition is served on the other spouse, called the \\\"respondent\\\" and they are given twenty (20) days to file and answer. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized in only sixty (60) days. If the parties can\\\'t come to an agreement, there may be multiple court hearings until a final trial is held in the future (which can take years in some instances). In these pre-trial hearings either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.
Are the courts the only option for obtaining a divorce?
A court of law is the only way to obtain a divorce of decree terminating a marriage. The courts also have the power to decide custody and visitation rights, the division of property and marital estate, spousal support, child support, restraining orders, etc.
Can I file a divorce myself?
Family law is a complex area of the law which is not well served by simplistic forms that do not address all of the issues and areas concerned if the individual is not well versed or has not consulted with legal counsel. A review of the facts and problems of each individual case are crucial to protecting yourself in a divorce. The lasting effects of decisions made without proper legal advice could have long-term repercussions in your divorce case.
