The Lone Star Divorce: How to Divorce in Texas

Each state enforces unique regulations for couples who wish to terminate their marriage. Texas is considered one of the strictest so going through a divorce requires highly-skilled legal guidance. Deciding which type of divorce is right for you and your spouse can best be decided by an attorney specializing in the field. The many rules governing Texas divorce law can either lessen or increase the burden of your divorce and your chances of a resolution.

Where to Begin?

The proper paperwork must be filed by a couple who has mutually agreed to end their marriage and no one else. The husband and/or wife must both have resided in the county where the divorce petition is being filed for at least three months (90 days). The petition must be filed in that county’s district court in accordance with Texas Statute Family Code, Chapter 6.301.

On What Grounds Can Divorce Be Filed?

Texas Statues Family Code, Chapters 6.001 through 6.007 states that a divorce can be granted under any of the following grounds:

  • Adultery
  • Cruelty
  • Felony conviction
  • Abandonment
  • Mental institution confinement
  • At least three years of no cohabitation

Irreconcilable differences may also be grounds for divorce in Texas. In fact, it is the primary reason for couples wishing to end their marriage.

Lawful Separation

Lawful separations are not recognized in Texas despite being overwhelmingly chosen by couples in the United States.  State law instead allows couples a temporary court order to be filed simultaneously with the divorce request. The couple may also file a civil annulment which allows a written agreement to be formulated regarding:

Contact Us

A divorce can either be a difficult challenge or a liberating experience depending on what legal guidance you receive. The divorce firm of McAllen’s Barrera, Sanchez & Associates, P.C. employs a skilled and diverse team of attorneys able to take your case to its resolution. Contact us at 956.287-7555.

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