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How long must I live in Texas before I can get a divorce here? Before filing, one of the spouses must have lived in Texas for at least six (6) months, and in the county where the divorce is filed for at least ninety (90) days. If you are in the military and a resident of Texas, time spent outside of Texas satisfies the residency requirement in Texas for a divorce. Back to the top. Must fault be found against a party for a divorce to be granted? In Texas, no fault must be found in order for a divorce to be granted. However, a divorce may also be granted when one party is found to be at fault in the break-up of the marriage. Back to the top. How do I begin my divorce suit? A petition for divorce must be filed in the district clerk's office and the required fees paid. Back to the top. What if there are children from the marriage? If there are children born, adopted or expected during the marriage, then the suit for divorce must also address matters of custody, visitation and child support. If a wife has given birth to a child or is expecting a child since the time she married, but the child is not or may not be the biological child of her husband, that information must be given to the court as soon as possible. If the wife is pregnant or becomes pregnant while the divorce action is still pending, the parties must wait until the baby is born before the Court can grant a divorce. This is true regardless of whether the husband is the baby's father. Back to the top. How does my spouse receive notification of my petition? Your spouse receives notification of your petition by receiving a copy of the petition from a sheriff, constable or court-approved private process server after you have made the request and paid the required fees. Notification can also be made by certified mailing from the district clerk's office. If the parties agree, the non-filing spouse may, after the petition has been filed, sign and notarize a document called a "Waiver of Citation", which indicates that the non-filing spouse is accepting service of the lawsuit. If your spouse cannot be located, notice can be published in a court-approved newspaper or other court-approved publication. Back to the top. What happens after my spouse is notified of the filing? Once a your spouse has been officially notified, there is a deadline for him or her to file a response to the petition. If the deadline is not met, you may be able to go forward and obtain a divorce by "default". Back to the top. Can my spouse also ask for a divorce? Yes. The Respondent may file his or her own request for divorce in a document usually called a counter-petition for divorce. Back to the top. What happens if I reconcile with my spouse? If you reconcile with your spouse, you may dismiss your divorce proceedings by filing a request for non-suit. Back to the top. How soon can the court grant a divorce? A petition for divorce must be on file with the court for at least sixty (60) days before the court can grant a divorce. Back to the top. How long does it take to get a divorce? If the parties are in agreement, a divorce proceeding can be finalized soon after the sixty-day waiting period is over. If the parties are not in agreement, the time it takes to complete the divorce will depend on the court's schedule and the complexity of the case. From start to finish, the divorce process may go through a number of phases, which might include temporary orders, exchange of financial information, psychological evaluations (in custody cases), alternative dispute resolution, trial, and appeal. A divorce in which the parties are not in agreement on some or all issues will usually take several months and up to eighteen (18) months if a trial is necessary. Back to the top. When am I divorced? You are divorced when all the property- and child-related issues are resolved and the presiding judge signs an order, usually called a Decree of Divorce. Back to the top. How long must I wait to marry again? In most cases, you must wait thirty (30) days, but the court can grant a waiver to permit you to marry sooner. Back to the top. |
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