Divorce, whether in Texas or elsewhere, accomplishes two goals: (1) ending the marriage connection and (2) sharing assets and obligations. The question of alimony may arise if they have been married for a long period and one of them will be unable to support himself. They will need to handle child custody and support concerns if there are young children.

Residency and Where to File

One party must have lived in Texas for at least 6 months before filing for divorce. Your primary abode is your domicile. You can live in many states but only have one domicile (where your driver’s license, automobile, and voter registration are all issued). You can bring a lawsuit in the District Court of the county where one of the parties has lived for at least 90 days.

Procedures

An uncontested divorce is the simplest procedure since you and your husband may agree on everything. To begin, you must file an Original Divorce Petition along with numerous supporting papers. One of them will be a marriage settlement agreement specifying the distribution of assets and your agreement about any children in an uncontested divorce. You must mention a “suit impacting the parent-child relationship” in the Petition if there are minor children. This paperwork is submitted to the court and copies are given to your spouse. You will appear in court, where the judge will check that all of your documentation is in order, maybe ask you a few questions, and then enter your Divorce Decree.

In Texas, there have been several attempts to prohibit “no-fault divorce.” If conservative religious groups succeed in modifying our divorce laws, persons who want to divorce their marriages may face various obstacles before their divorce can be finalized.

Does a divorce petition expire in Texas? In legal terms, a divorce petition never technically expires. A court can process a divorce petition as a dismissal for want of prosecution (DWOP) if there hasn’t been any progress on a case for a certain amount of time.

Grounds for Divorce

Divorce grounds are legally recognized causes for divorce. This is the explanation for breaking up with your spouse. Texas, like the majority of states, includes no-fault grounds for divorce as well as various standard fault-based reasons. To get a no-fault divorce in Texas, you must either state in the Original Petition for Divorce that “the parties’ marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation,” or that “the parties have lived apart without cohabitation for at least three years.”

Property Division

Property and debts are divided between you and your spouse during a divorce. In general, each partner will maintain his or her independent property, which includes property earned prior to marriage, property obtained as a gift or inheritance during the marriage, and property received as compensation for personal injury (other than for the loss of earning capacity). If a disagreement arises, the party claiming separate property must provide clear and compelling proof of its distinct character. All other assets acquired during the marriage are considered common assets. Without the parties’ consent, Texas divorce law requires the judge to divide the community property “in a way that the court considers equitable and reasonable, having due respect for the rights of each party and any children of the marriage.”

Conclusion

If you and your husband agree on most main points, using a professional divorce agency is the best approach to filing for divorce. You can also seek legal counsel or assistance in filing for divorce.