Texas recognizes both fault-based and no-fault-based divorce filings; however, in either type of filing, the divorcing parties must still resolve the relevant matters in their divorce case. Depending on the nature of the marriage, these issues often revolve around child custody, division of property, and short- and long-term support payments. How these issues are resolved dictates whether a divorce is contested or uncontested. In short, an uncontested divorce involves both spouses, and likely their attorneys, negotiating the specific terms of the divorce outside of court. If the terms are unresolved, the court will be forced to intervene and decide upon these issues in light of Texas divorce statutes as well as the specific nature of the case.
Residency Requirements for Filing Divorce in Texas
Texas divorce law mandates that at least one of the spouses involved in the divorce filing, although not necessarily the petitioner, have maintained continuous residency within Texas for a period of no less than 6 months before the actual date of the divorce filing.
Grounds for No-Fault-Based Divorce Filings in Texas
Texas allows both fault-based and no-fault-based filings. Nevertheless, the overwhelming majority of divorce filings, especially in cases whose parties intend to resolve issues via uncontested means, are no-fault-based filings. The following are sufficient grounds for filing a viable no-fault divorce petition, as recognized by the state of Texas:
- There has not been cohabitation between the couple for at least 3 years.
- The marriage is insupportable because conflict of personality has caused its destruction and there is not reasonable belief of reconciliation.
Getting Legal Help with Uncontested Divorce in Texas
The uncontested divorce process is one that can at least initially be adversarial and contested. The ultimate goal, however, is to negotiate and settle the terms of each item relevant to a given divorce case. This process, depending on the specific divorce case, will most likely require the intervention of legal counsel, specifically, separate legal counsel representing the interests of each spouse. It is imperative that you understand all of your legal rights and options before and during any settlement negotiations in an uncontested resolution attempt, and without legal counsel, most spouses are at a distinct disadvantage when it comes to creating terms and conditions of a given divorce settlement. For more information on the uncontested divorce process in Texas, including how your pending or proposed divorce case may be resolvable through uncontested divorce settlements, consult with a Texas divorce lawyer experienced in uncontested divorces.
