Filing for Divorce in Texas Residency Requirement

The Most Common Problems Your Divorce Lawyer Will Have To Solve
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In order to file for divorce in Texas, either of the spouses must have been a resident in the state for over six months before applying for divorce. Texas State also requires the spouses to have lived in the county where the divorce petition is to be filed for the last 90 days. For the court to exercise personal jurisdiction in a case of non-residents, the couple’s last marriage residence must have taken place in Texas. The suit should also be filled prior to the second anniversary of the date at which the marital residence ended. In the case where one spouse has been residing in Texas during the last six months, he or she is allowed to file for divorce in a different state or country where the partner has been living.

The State of Texas allows military personnel who are Texas residents serving in the armed forces to file for divorce from outside the state. Also, military personnel not previously residents of Texas but stationed in Texas for the last six months are allowed to file for divorce. If one of the parties has already been married and got pregnant, the Texas court advises the couples to wait until the baby is born so that they can proceed with the divorce. The Texas courts will not be able to finalize a filed divorce if the involved wife is pregnant even if the baby does not belong to her husband. Texas courts normally have until the child is born to give orders regarding the born baby in the final ruling.

In Texas, a spouse does not need to verify doing any wrong to the partner to get a divorce. This means that the spouse can always pursue a “no-fault divorce.” This is because divorce is pursued due to irreconcilable differences and therefore, a spouse can pursue a divorce even when the other does not agree to it.

Divorce without going to court

Going to court to pursue a divorce depends if the divorce is contested or uncontested. Spouses, before they get divorced, have to agree on divorce terms. If they are not able to agree on the common terms, the divorce is termed as contested. Spouses may, however, disagree on some various issues but they do not have to go to the court. This is because the cost of divorce is very high and, if avoided, the better. In case of a contested divorce, Texas allows spouses to involve a mediator to help them to come to an agreement. The partners may also adopt a collaborative divorce where the spouses negotiate a common agreement through lawyers who are trained in the divorce collaborative law.

On the other hand, uncontested divorce involves spouses who have agreed on the terms of the divorce meaning that they do not need to appear to the court. In this case, divorce documents are filled out by the couple and sent to the court. An uncontested divorce can be completed by the spouses without an attorney even though it can be a complicated procedure. Online divorce may also be pursued in an uncontested divorce using online services that are self-guided.

Hiring lawyers can help spouses prepare for their divorce by offering personalized guidance. Online divorce works when both spouses have agreed on the common terms if both spouses know where the other lives and both agree on asset division and also child custody. After logging in the online divorce service, the spouses are presented with divorce forms which they have to complete. Online divorce guides the spouses from the beginning up to the end and it is an inexpensive divorce process when compared to going to the court.

Filing

Divorce papers can be downloaded from the internet or obtained from the appropriate offices. Texas law allows the filing spouse to ask the court to issue a restraining order to prevent the other spouse from selling or moving their property (Heinig, 2020). Filed divorce documents are then presented to the District Court in the county where either of the spouses lives. The petition for divorce gives the petitioner a legal notice to the other spouse, the respondent. In circumstances where the respondent does not file his or her answer in 21 days after being served officially, the divorce case is default and there is the possibility to finalize the divorce in the absence of the respondent (HG.org, 2020). As per Texas law, 60 day wait period from the date when the petition was filed in front of the Judge grants the final divorce rule. The waiting period is not needed if the court establishes that the respondent has once been convicted of domestic violence against the petitioner or any other member of the petitioner’s house.

Collaborative Divorce

This is a very affordable form of divorce where both parties mutually agree to dissolve a marriage using their lawyers and the Texas collaborative law processes. Through writing, both parties agree to pursue the best effort in the dissolution of their marital status without judicial intervention. However, in Texas, the court must approve the agreed settlement and make legal pronouncements and also sign the needed orders by the law. Collaborative divorce is regarded as a cheap divorce since the cost of divorce is highly reduced.

Annulment

Texas laws accommodate both void and voidable marriages. Voidable marriages are those marriages that should not have taken place due to certain issues, like deception. Void marriages cannot be valid and cannot exist and therefore the court legally declares it void. To file for annulment, one of the couples involved must have married in Texas or one of the spouses live in Texas. The Texas court may award annulment if one of the spouses is under the age of 18 years old and entered marriage with no parental consent. As a result, the annulment petition may be filed by the following parties; a friend for the benefit of the underage spouse, a parent or a judicial designated managing guardian.

Declaring a Marriage Void

Marriages sued in Texas to be declared void must have taken place in Texas or one of the parties involved lives in Texas. Conditions that render marriage void include; if one of the spouses is related to the other spouse, bigamy, and if the spouse is younger than 16 years.

Property Division

Texas law on community property allows the Court to split the marital property in a way in which the court sees it just and right, through due regard for the rights of every spouse and the kids involved in the marriage. In the divorce ruling or annulment regarding the community property, the court is tasked with determining the rights of both parties in the outlook of the following properties; retirement plans, pension, annuities, employee savings, insurance policies, and also claims for reimbursement.

Child Custody and Support

Texas law refers to custody as conservatorship. Also, joint and legal custody is known as “joint managing conservatorship” and this implies that all the parents can share the rights to make major decisions, privileges, and power. However, the Texas court may choose one spouse to be a “sole managing conservator” of the kids meaning that one parent is permitted to have custody and the other parent is “possessory conservator” meaning that he or she will be a visiting parent. However, when determining the children’s custodian, the kid’s best interests are considered (HG.org, 2020). Texas has a public policy which ensures that the kids have more and continued contact with both parents to give the child good psychological and emotional support as they develop. A “percentage of income model” is used by Texas to calculate the children’s support obligation based on the amount of money that the couple has to support their children.

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