Texas Divorce
A Texas divorce may not be maintained by residents of the state unless, at the time the suit is filed, either
spouse lived in the state for the preceding 6 months, and was a resident of the county in which the suit is filed
for the preceding 90 days. An out of state spouse may also file for a Texas divorce if the other party satisfies
these requirements (military service is not considered residing out-of-state). Either spouse may file at any time. After 60 days, courts may grant an order dissolving the marriage.
Texas Divorce - Insupportability Requirement
Upon the filing of a Texas divorce petition by either party, the court may end the marriage without regard to
fault. According to the Family Code, the court must however find the marriage has become insupportable because of discord or conflict of personalities that destroys the
legitimate ends of the relationship, and prevents a reasonable expectation of reconciliation. Testimony
of either spouse, if uncontested, is sufficient to satisfy this requirement. In contested cases, the
insupportability requirement rarely prevents granting a Texas divorce if either spouse remains clear in their
demand for dissolution. Almost all cases denying a decree for insupportability are based on technical defects in pleadings - i.e.,
flukes.
The Texas divorce process is fairly simple. If either spouse files a petition, deadlines begin counting
downward. The marriage will virtually always be dissolved based on the insistence of either spouse, with property division,
child custody, financial liability, and payment of fees at issue. These issues may be uncontested, but
notoriously escalate into trials. Termination is simple. Division of responsibility is complex emotionally,
legally and financially for all parties involved. If either a husband or wife refuse to compromise, courts and
juries dictate resolution.
Additional Texas Divorce Topics:
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