Divorce, or the dissolution of marriage, is handled at the state level. In Texas, legal requirements for divorce include the establishment of a domicile (permanent home) in the state for at least six months, among other regulations.
Texas Divorce Laws: Legal Grounds
In Texas, divorce law allows for no-fault divorce, which means neither party needs to provide evidence that the other party is at fault. But technically speaking, the divorce petition for a no-fault divorce will list "insupportability" as the cause (or fault). This is defined by statute as a marriage that cannot be supported because of "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."
Other grounds include cruelty, adultery, conviction of a felony, abandonment, living apart (the parties are legally separated), or confinement in a mental hospital. Defenses to divorce in Texas are exceedingly rare, limited to situations where the court finds a "reasonable expectation of reconciliation."
|Code Section||Fam. 6.001, et seq.|
|Residency Requirements||One party domiciliary for preceding 6 months and resident of county for preceding 90 days.|
|Waiting Period||60 days from when suit was filed. Neither party may remarry before 31st day after decree signed (may be waived by court).|
|'No Fault' Grounds for Divorce||Separation (3 yrs.); marriage is insupportable due to discord.|
|Defenses to a Divorce Filing||Defense of recrimination abolished; condonation is defense only when reasonable expectation of reconciliation; defense of adultery abolished.|
|Other Grounds for Divorce||Adultery; cruelty or violence; abandonment/desertion (1 yr.); insanity (confined for at least 3 yrs.); conviction of felony and imprisonment at least 1 yr. (unless spouse testifies against convicted spouse).|
Note: State laws are constantly changing and divorce is a difficult and often complex process. It is a good idea to contact a Texas divorce attorney as well as conduct your own legal research to verify the state law(s) that may apply to your situation.
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Texas Divorce Laws: Related Resources
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