In Texas, a divorce may be either uncontested or contested. An uncontested divorce is a divorce in which the parties have resolved all of their issues, including child custody, visitation, child support, spousal support, and division of property and debt. If the parties have not agreed on even one issue, the divorce will be treated as a contested matter.
Grounds for Divorce in Texas
Under Texas law, the recognized ground for obtaining a no-fault divorce is that the marriage is unsupportable due to personality conflicts or other differences that make reconciliation impossible. Most uncontested divorces are no-fault.
The plaintiff in a contested Texas divorce may plead either the fault grounds or the no-fault grounds. The fault grounds for a divorce in Texas are:
- Cruelty;
- Adultery;
- Conviction of a felony;
- Abandonment;
- Living apart; and
- Confinement in a mental hospital.
Residency Requirements
When filing for divorce in Texas, certain residency requirements must be met. Texas divorce law requires that either the plaintiff or the defendant have been a resident of the State of Texas for at least six months prior to the date the divorce case is initiated. Additionally, either the plaintiff or the defendant must have been a resident of the county in which the divorce complaint will be filed for at least 90 days before such filing.
Timeline
Because the parties in an uncontested divorce are required to resolve all of issues and file a settlement agreement which sets for that resolution contemporaneously with the complaint for divorce, uncontested divorces take much less time than contested divorces. Generally, an uncontested divorce can be finalized after expiration of the 60-day waiting period.
A contested divorce can take a year or more before it is finalized. The parties in a contested divorce are entitled to conduct discovery, which usually takes at least six months. At the completion of the discovery period, the case may be set for trial. However, depending on the court docket, it may be some time before the hearing will actually take place.
Child Support
Under Texas law, the non-custodial parent, known as the possessory conservator, is required to pay child support. Child support is calculated based on the net resources of the possessory conservator and the number of children for whom support must be paid.
Getting Legal Help
If you live in Texas and have questions about divorce, you should hire a qualified Texas divorce attorney. A divorce attorney will review your case, advise you of your options, and recommend an appropriate litigation strategy.
