Grounds for Divorce

Texas recognizes both no-fault and fault-based grounds for divorce.

No-Fault Divorce

The most common ground for divorce in Texas is insupportability, which means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

Fault-Based Divorce

Texas also allows for fault-based divorces on several grounds, including:

• Adultery
• Cruelty
• Abandonment for at least one year
• Conviction of a felony (with imprisonment for at least one year)
• Living apart for at least three years
• Confinement in a mental hospital for at least three years

Residency Requirements

To file for divorce in Texas, one spouse must have been:

• A resident of Texas for at least six months, and
• A resident of the county where the divorce is filed for at least 90 days.

Filing for Divorce

The process begins with one spouse, the petitioner, filing an Original Petition for Divorce in the appropriate county court. This petition outlines the grounds for divorce and what the petitioner is seeking in terms of property division, child custody, support, etc.

Serving the Petition

The petitioner must serve the other spouse, the respondent, with the divorce papers. The respondent then has a certain amount of time (usually 20 days) to file an answer.

Waiting Period

Texas has a mandatory 60-day waiting period from the date the petition is filed before the divorce can be finalized, except in cases involving family violence.

Temporary Orders

During the divorce process, either party can request temporary orders to address issues like child custody, support, and use of property. These orders remain in effect until the final divorce decree is issued.

Discovery Process

Both parties engage in discovery, exchanging information and documents relevant to issues like property division, income, and child custody. This process can involve written questions (interrogatories), requests for documents, and depositions.

Settlement or Trial

Most divorces in Texas are settled out of court through negotiation or mediation. If the parties reach a settlement, they will draft a Final Decree of Divorce outlining the terms, which the judge must approve. If they cannot reach an agreement, the case will go to trial, where a judge will make the final decisions.

Final Decree of Divorce

Once all issues are resolved, either through settlement or trial, the court will issue a Final Decree of Divorce. This decree finalizes the divorce and includes orders regarding property division, child custody and support, and other relevant matters.

Post-Divorce Issues

After the divorce, parties may need to address post-divorce issues like enforcing the decree, modifying child support or custody arrangements, and dealing with any lingering property or debt issues.

Understanding these steps can help manage expectations and ensure a smoother process during a divorce in Texas.