There are on average 80,000 divorces every year in Texas. During this difficult time, understanding Texas marriage and divorce laws is important.
The correct family law attorney can have a huge impact on how smoothly these operations go.
Here is an overview of how divorce proceedings are normally handled in the state of Texas and how to find the right Waxahachie attorney for you.
Requirement of Residency
In order for anyone to divorce in Texas, you need to be a resident of the state for at least 6 months before filing. It is also required to be a resident of whatever county the filing is taking place in for at least 90 days.
Remember if you are pregnant you will probably be asked to wait until after the baby is born to start the proceedings regardless of whether or not the baby is the current spouse’s or not.
This is because it is best to include the newborn child in the case for the final decisions.
A Waxahachie Attorney Can Help You Petition For Divorce
Filing for divorce can happen in either of the parties home counties. Whoever is the petitioner has to give formal legal notice to the other spouse (the Respondent).
At least 21 days after being served, the Respondent must file an official answer. If the Respondent does not respond within the time allotted, it is sometimes possible to even finish the divorce proceedings without their representation.
A judge will grant a divorce decree around 60 days after filing for divorce.
A few reasons why this time span might shorten is if one of the spouses is abusive or domestically violent towards anyone in the household or if the Petitioner has an active protection order out against the Respondent because of domestic violence.
Both parties have to wait at least 31 days after the divorce is final before being able to legally marry again. This is only broken in certain circumstances where there is a substantial good cause.
Filing Collaboratively means that both parties and their respective attorneys are working together to resolve the divorce without the need for judicial intervention until the agreement needs to be approved.
This is formally written agreement and if this fails to properly settle the dispute, both the counsels need to withdraw. They may not represent during any of the following divorce court proceedings.
Grounds for Divorce
In Texas, there are seven statutory grounds for divorce.
Any of the following can constitute a divorce:
- Conflict of personalities and differences that can’t be reconciled
- Cruelty among the spouses causing them to not be able to live together
- At least one year of abandonment
- One of the partners is currently is in a mental hospital in Texas or another state for at least 3 years and aren’t on the path to full recovery soon
- Living apart for over 3 years
- One of the partners commits a felony causing them to be imprisoned for over a year in the state of Texas or another state (can’t be pardoned also doesn’t apply if testimony by spouse put them in jail)
A no-fault reason is insupportability which is also commonly used. However, most of these reasons require one of the spouses to be at fault.
Find the Right Person Who Will Fight for You
A Waxahachie attorney like at Hardesty Law Office can be the right choice to help you get through divorce proceedings in Texas.
Take a look at all the divorce and other legal services we have to offer.