The Texas divorce laws stipulate that one of the parties filing for divorce must be a resident of the state for at least six months and a resident of the county for 90 days before filing. Texas has both fault and no fault grounds when filing a divorce action. The Petition for Divorce must declare the grounds pertaining to the reason why either party is seeking the divorce.
Grounds for a Texas Divorce
While the State of Texas does not have specific provisions for a legal separation, they allow temporary orders to be filed pertaining to property division and spousal support. The legal grounds for divorce may include:
- No Fault Divorce—The petitioner may request that the court grant a divorce due to a discord in the marriage. If there is a conflict of the personalities that destroys the marital relationship, the court may grant the petition.
- Adultery— Adultery is defined as a spouse who engages in sexual intercourse outside their marriage. While this may be alleged, the court will require substantive proof that this has indeed occurred.
- Abandonment—One spouse has left the marriage and has not returned for over a year.
- Cruelty—One spouse may be found guilty of cruel treatment that prohibits the battered spouse from safely living with their partner.
- Felony Conviction—The court may grant a divorce if either spouse during their marriage has been convicted of a felony or has been in prison for at least a year. However, if the conviction was obtained on the testimony of the other spouse, this will not be allowed as grounds for divorce.
- Living Apart—If you and your spouse have lived apart for at least three years, the court will grant a divorce.
- Mental Illness—If either spouse has been confined in a mental institution for a period of three years or more, a divorce may be granted if there is no hope of recovery.
Retaining Legal Counsel for a Divorce Proceeding
Most divorce cases are settled without going to trial. However, in a contested divorce action, you may be wise to hire legal counsel to represent you against the opposing party. Most couples facing a marital split often end up fighting over money or child custody issues. Whenever this happens, the proceedings can drag on for a long time making it difficult to move on. Hiring a family law attorney can help by providing an objective viewpoint and offering advice on how to speed the process up. Divorce is never a happy time for anyone, but having a professional on your side may lessen the emotional trauma.
