When filing for a divorce in the state of 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.
Texas is considered a "no fault" state when it comes to filing for a divorce. 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 divorce waiting period for every couple filing for divorce. The Texas divorce courts will accept all fault divorces that include:
It is required that at least one spouse meets the Texas requirement of living within the required jurisdiction. Modjarrad & Abusaad Law Firm is ready and willing to answer any questions you have regarding your divorce and the state's requirements of you and your spouse. We at Modjarrad & Abusaad are the LAWYERS ON YOUR SIDE™.
