Divorce Requirements in Texas
Feb 15 2017 - Posted by On Behalf of the Lincoln Law Firm, PPLC, in High Asset Divorce, Tagged in high asset divorce
Once you have decided to get out of a bad marriage, it’s time to start the actual process of divorce that would separate you from your spouse in the eyes of the law. In Texas, one of the spouses has to be a legal resident of the state for at least six months in order to file for divorce. Also, the person needs to have resided in the country for a full 90 days before filing the divorce documents. If it so happens that one spouse is a Texas resident while the other spouse is located in a different state or even country, the non-resident spouse can file for divorce in the other location.
If a resident of Texas is a member of the military and has been working in another region of the world, that person will still be considered a resident. If a person is not a resident of Texas, but has been stationed in Texas for at least 180 days, that person will be considered a resident of Texas with regard to rules pertaining to divorce. In case of pregnancy, Texas courts will refuse to finalize the divorce until the baby is born. This precaution is taken to make room for orders regarding the baby that are to be included in the final ruling.
In order to make an official declaration for the divorce, you need to file a petition with the district court in the country where either you or your spouse lives. A copy of the legal notice also needs to be sent to the other spouse. In case the other spouse fails to reply within 21 days, the case is ruled as default, and in this case, the divorce would be completed without the participation of the respondent.
In ordinary circumstances, a final divorce decree is ruled by the judge after 60 days of filing the divorce petition. The waiting period can be sped up in cases where the respondent has been charged with domestic abuse against the spouse who is filing for divorce or another member of the household, or in case of an active protection order against the respondent. Once the divorce has been decreed, neither party can marry anyone but each other for 31 days unless just cause is proven before the court. In case a collaborative law agreement is signed by both parties, they can attempt to resolve the dissolution of their marriage without bringing the matter before the court. The surname of the spouses can revert back to the ones they had before the marriage if they specifically make a request for it before the court.
