Residency Requirements for Divorce in Texas

Before you can file for divorce in Texas, you must meet the state’s residency requirements:

• Either you or your spouse must have lived in Texas for at least six months prior to filing for divorce.
• The person filing must have resided in the county where the divorce is filed for at least 90 days. If you or your spouse recently moved to Texas, you may need to wait before filing or consider filing in a different state where you meet the residency requirements.

Grounds for Divorce in Texas

Texas allows both no-fault and fault-based divorces. The most common ground for divorce is insupportability, meaning the marriage has become unworkable due to conflict or discord and there is no expectation that you and your spouse will be reconciling. This is a no-fault ground, meaning neither party has to prove wrongdoing by the other party and no one has to plead anything specific that the other party did.

However, Texas also recognizes fault-based grounds for divorce, including adultery, cruelty, abandonment for at least one year, conviction of a felony resulting in at least one year of imprisonment, and living apart for at least three years.

What if My Spouse Doesn’t Agree to the Divorce?

Texas allows for both contested and uncontested divorces. One spouse can file for divorce whether or not the other spouse agrees that they want a divorce. If both spouses agree on the terms of the divorce, then the divorce can be completed more quickly than if they didn’t agree.

If the spouses don’t agree on the terms of the divorce, the divorce becomes contested. The divorcing spouses may use alternative means to resolve the conflict including formal or informal settlement conferences, and mediation.  If necessary, the court where the divorce is filed will decide the unresolved issues, which could include property division, child custody, child support, and any other issue the divorcing spouses cannot decide between themselves.

Mediation can be used by the parties to assist them reaching a settlement agreement on issues at any time in the divorce.

Contact Us for Consultation for Divorce

If you are considering divorce in Denton County, Texas and need to consult with a local divorce attorney, our experienced divorce attorneys in Flower Mound are here to help. Contact Peace & Associates today and schedule your consultation to discuss your options and protect your future with one of our experienced Denton County divorce attorneys.