Residency Requirements:
To file for divorce in Texas, either spouse must have been a resident
of Texas for 6 months and a resident of the county for 90 days before
filing. In addition, there is a 60-day waiting period after filing
before a divorce will be granted. [Texas Codes Annotated; Family Code,
Chapter 6.301].
Legal Separation:
Separation agreements are authorized.
General Divorce Procedure:
Separation agreements and property settlements are expressly
authorized, including agreements regarding conservator ship and child
support provisions. [Texas Codes Annotated; Family Code, Chapter 7.006].
Mediation or Counseling:
It is the official policy of the state of Texas to promote amicable
and non-judicial settlements of issues regarding children and families.
Upon written agreement of the spouses or the court's own decision,
the court may refer the divorce proceeding to mediation. The mediated
settlement of the case is binding if it is signed by the spouses, any
attorneys of the spouses, and provides that the agreement is not
subject to revocation. In addition, upon request, the court can
order both spouses to consult a marriage counselor. If the counselor's
report indicates a reasonable expectation of reconciliation,
the court can order further counseling for up to 60 additional days.
Upon every filing for divorce, the court clerk is required to furnish
a statement to the person filing regarding the availability of marital
counseling services. In addition, if there has been a history of
conflict and difficulties in resolving questions of access to any
children, the court may order either parent to participate in
counseling. [Texas Codes Annotated; Family Code, Chapters 5-102.0085,
5-153.010, 6.505, and 6.602].
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Grounds for Texas Divorce:
No-fault:
No-fault grounds for divorce in Texas include that the marriage is
insupportable because of discord or conflict of personalities to the
point that there is no reasonable expectation of reconciliation, or
the spouses have been living separate and apart without cohabitation
for 3 years. [Texas Codes Annotated; Family Code, Chapters 6.001 and
6.006].
Fault-based:
Texas also recognizes fault-based grounds for divorced, such as:
1) adultery;
2) abandonment;
3) cruel and inhuman treatment;
4) confinement for incurable insanity for 3
years;
5) conviction of a felony and imprisonment
for over 1 year.
[Texas Codes Annotated; Family Code, Chapters 6.001 to 6.007].
Where to file for divorce:
In the county of the petitioner.
Title of Divorce action:
Petition for Divorce.
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