Texas Divorce Lawyers

To file for divorce in Texas, you must first meet a residency requirement. The requirement stipulates the following:

• Either you or your spouse must have been a Texas resident for a least six months before filing
• Either you or your spouse must have lived in the county where the divorce is being filed for at least 90 days prior to filing

If you meet these requirements, then you can proceed to file for either a fault or a no-fault divorce. If you attempt to file for divorce without meeting these requirements, your case may not be accepted or it may be dismissed.

Texas is a “no-fault” divorce state. This means that divorce can be filed on the basis that there is a conflict of personalities that would prevent expectations of reconciliation. However, if one spouse is faulted for the marriage failing, that may be taken into consideration when determining how property is divided.

The grounds for a “fault divorce” include:

• Cruel treatment
• Adultery
• Abandonment
• Incarceration for more than one year
• Separation for at least three years
• Confinement in a mental institution for at least three years

After the petition is filed, the divorce cannot be finalized for at least 60 days. Once the judge pronounces that the divorce is finalized in court and signs the decree, the divorce is officially complete. If the spouses are not in agreement about the terms of the divorce, the process can take months or longer to finalize.

No, because Texas is a no-fault divorce state, a judge cannot deny a spouse or couple a divorce. If only one spouse wants the divorce, then the judge must take the steps to finalize it. There are not any specific requirements that need to be met to permit the divorce.

It is impossible to say exactly how much a divorce in Texas will cost if both parties agree. An uncontested divorce will likely be much cheaper than a divorce that is litigated in the courts because the divorce should be faster with less legal fees. However, the cost will still vary in each case. A couple can at least expect to pay $250-$300 for the divorce filing fee in Texas.

In Texas, you will file for divorce at the District Court in your county. Either spouse can file for divorce in their county’s District Court, but they must ensure that the other spouse is served with legal notice for the divorce.

Does Texas offer annulments?

Yes, it is possible to get an annulment in Texas if you meet the required grounds for annulment. Grounds for annulment include: one of the parties is underage, one of the parties was under the influence when the marriage occurred, one of the parties is impotent, or one of the parties is mentally incapacitated.

What do I do if my spouse will not respond to my attempts to serve divorce papers?

If your spouse is uncooperative, then you can ask the court to serve the spouse via certified mail or publication. Service by publication is when a notice of service is put in the local newspaper. The waiting period for this process is a bit longer. If all else fails, and your spouse still does not answer the divorce petition, then a default judgement can take place.

Do I have to continue living in Texas after the divorce is finalized?

If there are not any children involved in the divorce, then you are free to move out-of-state. However, if you have primary possession, then you might be restricted to live in Texas and even required to live in certain counties.

Whether you are facing a contested or an uncontested divorce, it’s equally important to have competent legal counsel on your side. What you don't know can hurt you for years to come. We have years of experience serving clients across Texas, from simple uncontested divorces to those with multi-million-dollar estates. You don't have to fight this on your own. Get help and support from our Texas divorce lawyers today.