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JURISDICTION & GROUNDS FOR DIVORCE

DALLAS DIVORCE LAWYERS

When filing for divorce in State of Texas, you need to learn about the laws governing the jurisdiction and grounds for divorce. The basic rule about the jurisdiction for divorce is that you can file a divorce in Texas, if you have been a resident of Texas for past 6 months, and/or a resident of the county where the divorce have been filed for past 90 days. As far as the grounds for divorce is concerned, Texas is a “no-fault” state. A couple can get divorced for any reasons whatsoever, or for no reason at all.

JURISDICTION FOR TEXAS DIVORCE

When filing for a divorce in Texas, it is not where you were married that matters most; it is where you reside when filing for divorce and exactly how long you have lived there. In the case that you or your spouse has been a resident of Texas for the past 6 months and/or also a resident of the county where the divorce suit will be filed for at least 90 days, then the divorce can legally be filed in the required County.

 

The Texas Family Code outlines divorce jurisdictions and gives provisions to such divorce as military personnel, jurisdiction for individuals living outside of Texas, and jurisdiction for those living outside of the United States. It is in your best interest to consult with a qualified family law attorney who can ensure the best results for your case. It is also wise to research the County in which you live to make sure that your case is filed in the proper County in order to ensure that you are listed as the Petitioner in the case and to make certain that you keep the cost low for your divorce so that you will not have to re-file in another County.

GROUNDS FOR A TEXAS DIVORCE

When it comes to divorce, Texas is considered a "no fault" state. In other words, a couple can get divorced for any reason at all, as well as no reason at all. The only reason the Court needs to grant a divorce is the fact that the marriage is insupportable by both parties and there is no reasonable expectation of reconciliation. Divorce courts in Texas accept both fault and no fault divorces.

 

In the case that you are filing a no fault divorce, your petition must outline that your marriage is no longer sustainable due to conflict within the marriage that has destroyed the marital relationship and there are no future plans of expected reconciliation. In Texas, there is a 60 day divorce waiting period for every couple filing for divorce. The Texas divorce courts will accept all fault divorces that include:

  • Mental cruelty
  • Adultery
  • Imprisonment or conviction of a felony
  • Abandonment
  • Living separate and apart for at least three years
  • Insanity and confinement to a state mental hospital

Although, Texas is a no-fault divorce state, but the court may take into consideration if one spouse is at fault for the breakup of marriage, when it is deciding the division of the property. If you think that your spouse was at fault for breaking your marriage, you should include that in your divorce petition.

LAWYERS FOR FILING A TEXAS DIVORCE

If you are planning to file a divorce in Dallas, Collin, Denton, Tarrant, or Rockwall counties of Texas, you need to hire the services of our experienced family law attorneys. Our divorce lawyers have a combined experience of more than 20 years of dealing with family law matters, and have helped clients over the years in getting divorce in Texas. Our attorneys have worked on both contested divorce and uncontested divorce cases. We are here to talk about your divorce case with a FREE CONSULTATION appointment. You can schedule a FREE CONSULTATION with a member of our family law department by calling 972.789.1664, emailing contact@dallasarealaw.com, or filling out the form on top of this page. Our family law department is here to help you file a divorce in Texas. We offer convenient installment plans and accept all major credit cards.



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