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What Are the Rules for Divorce in Texas? Over Two Decades of Experience on Your Side

What Are the Rules for Divorce in Texas?

Every state has specific laws that change regarding marriage and divorce, and the state of Texas is no different. As such, if you're planning to separate from your spouse or get a divorce in our state, you'll want to prepare by understanding our state-specific laws.

Here are a few things you'll want to familiarize yourself with in this regard:

  • Residency: In order for a Texas family court to have jurisdiction over your divorce, at least one of the parties in your divorce needs to have lived in the state for the last six months, and needs to have been the resident of a specific county for the last 90 days.
  • Waiting time: Every divorce is subject to a waiting period. In other words, your divorce will not be finalized until at least 60 days has passed since the initial filing. Furthermore, you can't remarry prior to the 31st day after your divorce decree was signed. However, this 31-day waiting period can be waived if the court agrees.
  • Grounds for divorce: In order to divorce without fault, the couples need to have been separated for at least three years, or the marriage needs to be insupportable as a result of discord. In other cases, violence, cruelty, abandonment for a year, adultery, insanity for three years, felony conviction and imprisonment (with some limitations) are also grounds for divorce.

If you're ready to move forward with your divorce in Texas, be sure to understand the law. Also, understand that simply qualifying for divorce will not be the end of the process. You'll need to divide your marital assets and debts, determine child custody, child support and more. Knowing your legal rights is essential when moving forward with any part of your divorce process.

Source: FindLaw, "Texas Divorce Laws," accessed Dec. 06, 2017

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    Georgia Barker

    Founding Attorney

    Georgia Barker was born in Corpus Christi, Texas and has lived in Houston for most of her life. She attended the University of Texas at Austin and earned a Bachelor of Business Administration. In her graduating class at UT Austin, there were 101 men and only 3 women. Ms. Barker earned a Doctor of Jurisprudence from the University of Tulsa, College of Law and was a member of Phi Alpha Delta Law Fraternity. She was admitted to the Oklahoma State Bar and the following year admitted to the Texas ...


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