In the state of Texas, no-fault divorce is the norm. What exactly is “no-fault” divorce? Simply put, a no-fault divorce is one in which the spouse seeking to end the marriage does not have to demonstrate specific grounds (i.e., adultery, cruelty, abandonment, etc.).
In fact, the only thing that a spouse seeking the divorce has to cite in their divorce petition is “insupportability.”
Texas law defines insupportability as “discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
It is extremely important to note that a divorce can be obtained despite the objections of a spouse. In other words, if your spouse wants out of the marriage, they are free to do so.
Residency requirements to secure a divorce
The state of Texas has two relatively simple residency requirements that must met in order to obtain a divorce:
- At the time of the divorce filing, either you or your spouse must have been living in the state for the previous six months and
- At the time of the divorce filing, either you or your spouse must have been a resident of the county in which the divorce petition is filed for the previous 90 days
Please note, if you are considered a resident of another state but your spouse resides in Texas, you can pursue a divorce in the county in which they reside. However, your spouse must have lived in the state for at least six months prior to the filing.
Furthermore, time spent away from Texas by a resident serving in the armed forces counts toward time spent in Texas and the county.
Future posts will continue to examine divorce in the state of Texas.
The following post is for informational purposes only and not to be construed as legal advice. Contact a legal professional to learn more about your family law issue.
- Texas Family Code, Title 1, Subtitle C, Chapter 6 (Texas Constitution and Statutes)