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Texas Divorce 101

Posted on in Complex Divorce

Travis County, TX divorce attorneyGoing through the divorce process can be confusing, even overwhelming at times. Although every divorce case has its unique factors, there are some basic rules/laws that apply to anyone who is filing for a divorce in Texas. Whether you and your spouse will be engaging in a friendly and simple divorce or you are facing complex, high-net-worth litigation, the following information is important to know.

Residency Requirement

Every state sets its own residency requirement for divorce. In Texas, one or both of the spouses must have lived in the state for at least six months prior to filing for divorce, and also have at least 90 days of residency in the county the action is being filed in.

Unlike many other states, there is no time period the couple must have lived apart before filing. In fact, the couple can still legally live under the same roof as the divorce proceedings are taking place.

Fault or No-Fault

The state does not require there be “fault” cited in the divorce petition. A no-fault divorce means the couple agrees that the marriage has irretrievably broken down and there is no hope for reconciliation.

In a more acrimonious ending of a marriage, one or both spouses may accuse the other of causing the divorce. In these situations, the spouse filing will cite a “fault” for the divorce. In Texas, the following are recognized as legitimate fault grounds:

  • The other spouse has committed adultery

  • The other spouse has engaged in cruel treatment and behavior

  • The other spouse has abandoned the filing spouse and has been gone for at least one year

  • The other spouse has been convicted of a felony and imprisoned for at least one year

  • The couple has been living apart for three or more years

Contested or Uncontested Divorce

An uncontested divorce takes place when both spouses agree that the marriage is over and file their divorce agreement with the court. It can also occur if one spouse files for divorce and the other spouse never responds to the filing.

A contested divorce is one where the spouses do not agree on issues that must be addressed in the divorce agreement.

Division of Assets

In Texas, the assets and property that a couple has amassed during their marriage are divided using the community property standard. This means that all marital property is divided evenly between the couple.

Any assets a spouse had prior to the marriage or assets designated as separate property are not included in that division. If the couple has a valid prenuptial or post-nuptial agreement, the agreement the couple made regarding the division of assets takes precedence over the community property standard.

Contact a Travis County Divorce Attorney Today

In addition to the above issues, you and your spouse may also need to address child custody, child support, spousal support and more. Make sure you have a dedicated Austin, TX complex divorce lawyer advocating for you. Call Powers and Kerr, PLLC at 512-610-6199 to schedule a confidential consultation.



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