You or your spouse must have lived in Texas for six months, and in the county where your divorce is to be filed, for ninety days prior to filing your original Petition For Divorce. If one of the parties is in the military, time spent by a Texas resident outside of Texas, while in the military, satisfies the residency requirement in Texas for a divorce.
A party seeking a
divorce may act as his own attorney (pro se). There are programs which offer help to persons who
cannot afford to hire an attorney, and these can help you learn the proper
way to proceed pro se.
To begin divorce
proceedings, a petition for divorce must be filed and the necessary fees paid. The party who files for
divorce first is called the Petitioner, and the other party is
called the Respondent. After the filing of a petition, the other spouse
must be
notified; several methods are available.
Once a Respondent is officially notified, there is a deadline to
file a response to the petition. If the Respondent doesn't answer
timely, the Petitioner may be able to obtain a divorce by default.
If there are children born, adopted, or expected
during the marriage - that are under the age of 18 - the suit for divorce must also address matters
of conservatorship,
access, and child
support. If a wife has given birth
to a child, or is expecting a child since the time she married, but
the child is not (or may not be) the biological child of her husband,
that child must also be dealt with in the divorce proceeding.
Most courts will not allow a case to be finalized when a child is expected,
until after the child is born -- there are some exceptions to this rule.
A judge may grant a temporary restraining order
(TRO)
setting forth acts which either or
both parties are prohibited from doing immediately after the
petition is filed. If a
person violates a TRO, they can be held in
contempt of court, and face a fine and/or jail sentence.
If parties reconcile while the divorce is pending, the
Petitioner can dismiss the divorce proceeding via the filing of a Nonsuit.
So
long as the
parties have reached an agreement, a divorce proceeding can be finalized on
the 61st day after the original petition was filed, or on any day thereafter. If the parties
have not reached an agreement, closure via trial will depend on the Court's schedule.
The divorce
process may include a number of phases: temporary
orders, exchange of financial information, discovery,
psychological evaluations (in custody cases), mediation, settlement
conference, trial, and appeal.
You are divorced when
all the property and
child-related issues are resolved, and the judge signs a Final
order. Following a divorce, you must wait thirty (30) days before
remarrying, unless the
court grants a waiver to permit you to marry sooner. The
marriage license agency will require proof of this waiver before issuing your
new marriage license.
Common Law Marriage
Texas recognizes common-law marriages.
Parties may be considered common law spouses if they either execute a
Declaration and Registration of Informal Marriage OR agree to be married
AND co-habitate in Texas AND hold out to others that they are
married. If you are common law married, you must get a divorce, just
the same
as if you'd had a ceremonial wedding - but, an action for divorce must be
brought within two years after the parties separate and cease living
together, otherwise it is presumed they didn't agree to be married.
Annulment
An annulment will be
granted if (1) the parties are related, by blood or adoption, or (2) either party was previously married and the prior
marriage has not been dissolved. In addition, an annulment may be
granted if, at the time of the marriage, one party to the marriage
was: (1) underage, (2) under the influence of alcohol or drugs, (3)
impotent, (4) mentally incompetent, (5) forced to marry, or (6) was
misled about a prior divorce. In most cases, the law requires that
the person seeking annulment must cease living together with the
other party once the problem is discovered.
Following are a few basic, frequently asked questions about divorce.
1) How do I get legally separated?
Texas does not recognize a legal status known as legal separation. In Texas spouses are married until they have obtained a divorce.
2) Where do I file for divorce?
You can file for divorce in a county in which either you or your spouse has lived for at least 90 days, as long as that same person has lived in Texas for at least six months.
3) Can we get divorced first, then take care of decisions about the children?
No. The divorce and the conservatorship of the children must both be handled in the divorce action.
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