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In order to sue for divorce in Texas, either you or your spouse must have lived in the state continuously for the six months prior to filing. One of you must also have been a resident of the county where you are filing for at least 90 days beforehand. In Texas, there is a waiting period of at least 60 days after the petition is filed before the divorce is finalized, but most divorces take six months to a year to be completed, depending on how many issues are contested.

There are seven grounds for divorce allowed under Texas law:

  • Insupportability: Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”
  • Living apart: This requires the “spouses have lived apart without cohabitation for at least three years.”
  • Confinement in a mental hospital: This requires one spouse be confined in a state or private mental hospital for at least three years and that “the mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, relapse is probable.”
  • Cruelty: Cruelty in a marriage occurs when one spouse treats the other spouse cruelly and living together is insupportable.
  • Abandonment: Abandonment requires that one spouse has “left the complaining spouse with the intention of abandonment; and remained away for at least one year.”
  • Felony conviction: The conviction of a felony, while a ground for Texas divorce, must be proven by the alleging spouse.
  • Adultery: Adultery is a fault-based ground for divorce and must be proven by the alleging spouse.

Texas divorces can be uncontested or contested. In order to file an uncontested divorce, all parties must agree upon all terms of the decree, including the division of property, alimony, child custody (otherwise known as conservatorship), child visitation, and child support. When one of these topics (or another topic) proves to be a sticking point, which is very often the case, the divorce is considered contested.

Brazoria County Divorce Lawyers

Terry & Roberts’ Brazoria County divorce lawyers work with our clients to establish divorce goals and reach the best possible outcome. When choosing a Texas family law attorney, it is crucial to ensure you select a lawyer or law firm with extensive knowledge of Texas divorce law. Our Brazoria County divorce attorneys handle family law exclusively, giving our legal team the focus you need to move your divorce proceedings through the system efficiently and effectively. For clear, caring, and practical legal guidance to enable you to do what’s best for your family, contact us today.

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