Difference between revisions of "Get a Divorce in Texas"

#Meet the residency requirement. At the time you file for divorce, either you or your spouse must have been living in Texas for the preceding six month period.<ref name="rf1">http://www.womenslaw.org/laws_state_type.php?id=200&state_code=TX</ref> This does not mean you have to have been married in Texas, but only that you or your spouse has resided in Texas for the required period of time.

#Have valid grounds for a divorce. In Texas there are seven valid grounds for getting a divorce.<ref name="rf1" /> If you decide to get a divorce in Texas, you will have to claim one of these reasons for doing so. Each individual reason is discussed below. Insupportability is the only valid ground for divorce that does not place blame on you or your spouse for the divorce.

#* ''Insupportability''. This is the only ground for divorce where no fault is placed on you or your spouse.<ref name="rf1" /> By claiming this reason, you are saying there are differences in the marriage that simply cannot be overcome.<ref name="rf1" />

#* ''Cruelty''. This exists when you are being treated cruelly and it has gotten to the point that it is no longer feasible to live together given the situation.<ref name="rf1" /> Examples of cruelty include physical attacks, constant displays of rage, publicly flaunting another relationship, and staying away from the house often without explanation.<ref name="rf2">http://family-law.lawyers.com/divorce/grounds-for-divorce-cruelty.html</ref>

#* ''Adultery''. Adultery occurs when your spouse cheats on you.<ref name="rf1" />

#* ''Conviction of a felony''. When your spouse has committed a felony and they have been in prison for one year or more (and have not been pardoned), that constitutes a conviction and becomes a valid ground for divorce.<ref name="rf1" /> However, this is not a valid ground for divorce if your testimony is what caused your spouse to be convicted of the felony.<ref name="rf1" />

#* ''Abandonment''. When your spouse has left you for a period of a year or longer and has no intention of coming back, this becomes a valid ground for divorce.<ref name="rf1" />

#* ''Living apart''. When you and your spouse have been living apart, with no cohabitation, for a period of three years or longer, you can claim this ground when filing for a divorce.<ref name="rf1" />

#* ''Confinement in a mental hospital''. At the time you file for a divorce, if your spouse has been confined in a mental hospital for at least three years and it appears the mental disorder will not get better, you can claim this ground.<ref name="rf1" />

#Find out what county you need to file your petition in. When you file a petition for divorce, you must do so in a court of law in the county you or your spouse has been a resident of for at least 90 days.<ref name="rf1" /> This county is where all of your filings, hearings, and other court appearances will take place.

#Think about how your property will be distributed. Texas is a community property state, which means that when you file for and are granted a divorce, your property will generally be split evenly with your spouse.<ref name="rf1" />

#* This rule is not absolute and there are certainly qualifications, so be sure to read all of the laws regarding community property [http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.3.htm here]. For instance, property will be considered separate, and therefore belong to one spouse alone, if the property was owned or claimed by the spouse before the marriage; if the property was acquired by a spouse by gift, devise, or descent; or if the property was recovered by one spouse as a result of personal injuries sustained by that spouse.<ref name="rf3">http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.3.htm</ref>

#* You should also be aware that Texas allows a judge to require one of the spouses to provide child support to the other spouse in certain situations.<ref name="rf1" />  

#Know about spousal support. In Texas, spousal support is termed "maintenance."<ref name="rf1" /> Maintenance is available to a spouse if the spouse asking for support will not have enough property to support her after the divorce is finalized.<ref name="rf1" />

#* In addition, the spouse asking for maintenance must show that he or she is not able to earn enough money due to a mental or physical disability; has been married for 10 years or more and cannot make enough money to support themselves; or has custody of a child of the marriage who has a mental or physical disability that requires substantial care.<ref name="rf1" />  

#* A spouse may also get maintenance if the other spouse was convicted of a crime of family violence that was committed during the marriage and it occurred two years before the divorce filing or while the divorce was pending.<ref name="rf1" />

#* If you find out through your research and discussions that hiring an attorney will be too expensive for you, you can try finding an attorney that will take your case on a pro bono basis (taking on the work without charge). Try contacting your local or [https://www.texasbar.com/ state bar] association for help finding an attorney free of charge. With that said, a lawyer in Texas is not required by law to take on any pro bono work.<ref name="rf4">https://www.texasbar.com/AM/Template.cfm?Section=About_Us_FAQs</ref>

#* What level of discovery you will need. Discovery is a phase before a hearing where you and your spouse can ask each other for documents and interviews that are relevant to the divorce. The types of documents you may ask for include financial records, tax returns, loan applications, and account records.<ref name="rf5">http://www.divorcenet.com/states/missouri/mo_art09</ref>

#File the divorce petition. Once you have prepared the petition for divorce, you will need to file it with the court in the county that you identified when considering whether you qualify for a divorce in Texas. In order to file the petition, you will need to go to the courthouse, give your petition to the clerk of courts, get it signed, and pay a fee.<ref name="rf6">http://info.legalzoom.com/file-original-petition-divorce-texas-20695.html</ref> The filing fee varies from county to county but you can call your courthouse and ask for more information.<ref name="rf6" /> If you have hired an attorney, he or she will help you file your petition.

#* If you think your spouse will waive his or her right to notice, you can have them sign a waiver and file that with the petition for divorce.<ref name="rf7">http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/19431F3C-3493-4F0A-A1EB-255937C02B64/div_w_kids_petition_final.pdf</ref>  

#* If you need to notify your spouse and you can locate them, you can send a sheriff or another qualified person to serve your spouse with the divorce papers.<ref name="rf7" /> The sheriff or other qualified person will give your spouse the required papers and will have them sign a form stating they were served.

#* If you cannot find your spouse, you can notify him or her through publication, which involves publishing your notice of divorce.<ref name="rf7" />

#* If your spouse agreed with the petition for divorce and signed the notifications you provided him or her, then the divorce will be uncontested.<ref name="rf8">http://www.depts.ttu.edu/sls/forms/Pro-Se-Divorce-Handbook.pdf</ref> Even if your divorce is uncontested, you will still be required to go through the 60 day waiting period and you will have to go to court to have a judge look over the divorce decree and sign it.<ref name="rf8" />  

#Go through the required waiting period. Once the petition for divorce has been filed, a 60 day waiting period begins before you can finalize your divorce.<ref name="rf8" />

#* During this 60 day period, there may be negotiations and/or mediations if the divorce is contested.<ref name="rf8" /> These proceedings will help finalize the details of your divorce before having your hearing. You may even work out your differences during these meetings and transform a contested divorce into an uncontested one.

#* There may also be interim court hearings for pressing issues, such as temporary orders for child custody or restraint.<ref name="rf8" /> If you and your spouse are unable to agree on child custody while the divorce is being processed, a judge may step in before the divorce is finalized if he or she feels they must do so for the well-being of the child. If this is the case, a judge will rule on who will get custody of the child, at least while the divorce is being finalized. Also, if you and your spouse are having trouble getting along, a judge may step in before your divorce hearing and issue a temporary restraining order, which will dictate whether you and your spouse can even have contact with each other during the divorce process.

#* If children are involved in the divorce, you and your spouse may also have to go through specific classes discussing divorces and children during this waiting period.<ref name="rf8" />

#Write a decree of divorce. Whether the divorce is contested or not, the final legal document you will have to prepare and file is the decree of divorce. This document verifies all of the final decisions that were made between you, your spouse, and the court.<ref name="rf9">http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/04CA4F8F-28B8-4F9B-B80A-C8A3BBA367F4/div_no_kids_decree_final.pdf</ref> The decisions include those about property, money, support, and children.<ref name="rf9" /> A copy of the decree of divorce can be found [http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/04CA4F8F-28B8-4F9B-B80A-C8A3BBA367F4/div_no_kids_decree_final.pdf here].

#* During these parenting classes, you will learn about the responsibilities and hardships of co-parenting after a divorce.<ref name="rf10">http://www.parentingchoice.com/aboutus.asp</ref> For example, part of the course may teach you about how to handle problems that arise while parenting without your spouse around (i.e., how to be a good single parent).<ref name="rf10" />