Quick Reference: Texas Divorce Filing Checklist

Divorce can be a daunting and overwhelming process, especially in a state as vast and diverse as Texas. With legal requirements and emotional challenges, having a clear guide can make a world of difference for those facing this life-changing decision. Understanding the necessary steps and documentation is crucial for a smooth transition.

In Texas, specific residency requirements must be met before filing for divorce, along with clear grounds, whether no-fault or fault-based. Knowing the distinctions between these options, as well as the difference between contested and uncontested divorce, is essential for anyone navigating this difficult journey. Each of these aspects significantly impacts the divorce proceedings and final outcome.

This article provides a quick reference checklist for filing for divorce in Texas, equipping readers with the critical information they need to proceed confidently. Whether you're just beginning to consider divorce or are ready to take the plunge, our checklist will guide you through the essential steps.

To file for divorce in Texas, meeting the residency requirements is essential.

1. State Residency: At least one spouse must have lived in Texas for a minimum of six months before filing.
2. County Residency: One spouse must have resided in the county where the divorce is filed for at least 90 days.

• Petition for Divorce: To start the divorce process, you need to file a divorce petition with the court.
• 60-Day Waiting Period: After filing, there's a mandatory 60-day waiting period before the divorce can be finalized.

Military service personnel may have different requirements due to their service locations. It's crucial to verify your status with a divorce lawyer if you're in the military.

The state's residency rules ensure that Texas has legal authority over the divorce process. Understanding these requirements helps avoid delays in your divorce proceedings. If you have questions about the residency rules, it's advisable to consult with a professional or use family law forms available in Texas.

Texas law provides two main types of grounds for divorce: no-fault and fault-based. Understanding these options can help you decide the best way to proceed with your divorce.

A no-fault divorce allows couples to separate without blaming each other for the end of the marriage. In Texas, "insupportability" is the term used, meaning there are conflicts or differences that make living together impossible. Many couples choose this path because it simplifies the divorce process and can avoid conflict in court. There's no need to prove any wrongdoing, which often speeds up proceedings.

Sometimes one spouse may prefer or need to file for a fault-based divorce. This type requires proving that the other spouse did something wrong. Texas recognizes several grounds for a fault-based divorce:

• Adultery: One spouse cheated during the marriage.
• Cruelty: One spouse treated the other cruelly, making it unsafe to continue the marriage.
• Abandonment: One spouse left the other for at least a year without intent to return.
• Felony Conviction: One spouse has been convicted of a felony and is serving at least one year in prison.
• Living Apart: The spouses have lived apart for at least three years.

Choosing a fault-based divorce can influence outcomes like property division, but it often complicates the divorce process. Consulting with a divorce lawyer can help determine if a fault-based approach is necessary or beneficial in your situation.

Divorce in Texas can be either contested or uncontested. Understanding the differences is important for anyone considering this step.

Uncontested Divorce

• Both spouses agree on key issues like property division and child custody.
• Faster and less expensive.
• Often doesn’t require a court appearance.

Contested Divorce

• Spouses disagree on one or more issues.
• Requires court intervention and a formal hearing.
• Typically longer and more expensive due to legal fees.

Key Factors

• Residency Requirement: One spouse must live in Texas for at least six months.
• 60-Day Waiting Period: Mandatory waiting time before the divorce is finalized.

An uncontested divorce is simpler but requires cooperation. Contested divorces, however, are complicated and may need a divorce lawyer's expertise. Understanding these choices can make the divorce process smoother.

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.