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What to Know About Filing for Divorce in Texas

What to Know About Filing for Divorce in Texas

Just like all the other states in the country, Texas has specific laws pertaining to divorce. While it is never easy to go through a divorce, it’s always in your best interest to understand the state’s divorce laws in order to better prepare you for the process. This guide is here to provide you with the information you need to know if you are planning on filing for divorce in Texas.

Residency Requirements

In Texas, when you want to file for divorce, there are certain residency requirements before you can do so. You or your spouse must have been a resident of the state for at least six months. One of you must have also lived in the county where you plan on filing for at least 90 days.

Divorce is Time Consuming

In Texas, you cannot get a quick divorce. Instead, it can take some bit of time. When you file for divorce in the state, it can take as long as 60 days after the petition is filed with the court. This is the minimum amount of time that a divorce will take.

However, on average, it can take anywhere from six months to one full year for a Texas divorce to be finalized. The specific amount of time this takes depends on various factors surrounding the case and whether the two parties have conflicts in certain areas like property division, spousal support, or child custody.

No Legal Separation is Required

Another important thing to know about divorce in Texas is that there are no legal separations required. In fact, the state doesn’t recognize legal separation. However, this means that even if you and your spouse are living apart, all of your property is still considered community property. Any assets that are acquired during this time would be divided if you and your spouse pursue a divorce in the future.

Likewise, any and all debt you have during the course of the marriage is community debt. This means you are considered married regardless of the circumstances up until your divorce is finalized. It’s important to take these facts into consideration during the process of your divorce to prevent any unwanted surprises from arising.

Texas is a No-Fault Divorce State

Texas follows the no-fault divorce rule, which means that a spouse who wishes to file for divorce does not have to prove fault on the part of the other spouse. In other words, there is no need to state wrongdoing such as an extramarital affair as the reason for wanting to dissolve the marriage. All that is necessary is to simply state insupportability, also known as irreconcilable differences, within the marriage. A no-fault divorce can be filed if you and your spouse have lived apart without cohabitation for at least three years as well.

While you can file under no-fault grounds, Texas also allows for fault-based reasons for divorce. Fault can be filed for the following reasons: cruelty, adultery, felony conviction, abandonment, and confinement in a mental hospital. If you are unsure whether you should file for a fault or no-fault divorce, exploring your options with a skilled Austin divorce lawyer can be beneficial.

DIY Divorce is Not Recommended in Texas

It is not recommended to get a do-it-yourself or DIY divorce in Texas. The divorce process in the state is complex, which means it’s difficult to understand if you aren’t trained in the area of divorce law. Although you might think that representing yourself can save you time and money, it can actually do the exact opposite, as well as add unnecessary stress on you.

In almost every case, it is in your best interest to consult with an Austin divorce attorney who can help you throughout the process and guide you through the best possible steps to take. Additionally, a divorce is always a highly emotional situation, which means if you were to represent yourself, you wouldn’t necessarily be objective. An attorney, on the other hand, not only has the experience and expertise needed but can also look at your case with an objective pair of eyes.

These are important facts to know about filing for divorce in Texas. Whether you're not fully prepared or you are ready to proceed with the process, remember that you are never alone. Our San Antonio divorce lawyer at the Law Office of Rebecca J. Carrillo is always prepared to help you through this difficult time while protecting your best interests.

To learn more about the divorce process and how the Law Office of Rebecca J. Carrillo can help you, call us today at (210) 405-6623.



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