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How To File For A Divorce In Texas

April 3, 2018

In Texas, petitions are filed to end a marriage due to an irretrievable breakdown. Petitioners have the right to choose any grounds that apply when starting their case. The petitioner must meet all the requirements to receive a final decree. Local attorneys provide assistance for individuals who need answers about filing for a divorce.

The Prerequisites of Filing

All petitioners must meet the residency requirements before filing. The individual must have lived in Texas for no less than six months and their current county for ninety days. Military members can file in Texas if they were stationed in the state for at least six months. Pregnant wives must provide full disclosure of their pregnancy. The state doesn’t allow wives to file a petition until after the child’s birth. A failure to disclose the pregnancy could nullify the final decree and lead to fraud charges.

What Grounds are Used in Texas?

Adultery or infidelity is a common fault-based ground used in cases. It indicates that a spouse was involved in an extramarital affair. Evidence of the affair is used to support the claim.

Abandonment indicates that the defendant left the marital home without any intentions of returning. The standard requirement for the ground is one year. However, couples could claim abandonment after one year or indicate that they’ve lived separate lives after three years.

Incarceration and mental incapacity are also grounds used in the proceedings. A spouse must be in prison for at least one year to claim incarceration grounds or be admitted into a mental facility for no less than three years to use mental incapacity or insanity as the grounds.

Intolerable cruelty or domestic violence require evidence of threats or abuse. A record of arrests for abuse or domestic violence provides evidence to support the claim. The petitioner also acquires a protection order to protect them or their children from additional attacks.

How are Marital Properties and Assets Divided?

A community property state requires an even split of all marital assets. The assets include but are not limited to the marital home, automobiles, pension and/or retirement plans, IRAs, and stocks and/or savings accounts. Additional monetary payments are provided to balance out any shortcomings in marital property divisions.

Conditions that Apply to Spousal Support

A petitioner receives alimony if their spouse was convicted of domestic violence and/or if the couple has been married for no less than ten years. If alimony is awarded, the duration and value of the payments depend on specific factors.

The spouse receives alimony if their earning capacity prevents them from supporting themselves after the divorce. The spousal support is provided to cover specific medical expenses and/or to support them if the spouse has a disability that prevents them from working. The payments are provided while a spouse completes career-based training or degree program.

Temporary alimony is provided until the spouse completes the educational program and increases their earning capacity. Lifetime alimony is provided when it was included in a prenuptial agreement. It is also required if the spouse is unable to increase their earning capacity due to their age or a permanent condition. The lifetime alimony arrangements end if the individual remarries.

In Texas, petitioners file a motion to end their marriage when it isn’t possible to continue the relationship due to intolerable conditions. The petitioners must follow all laws associated with their case. Petitioners who are ready to start a petition contact Thornton Law in Plano, Texas, directly or visit to schedule an appointment now.

For more information on our Plano Family Attorney please visit our site.