Best Texas (TX) Divorce Attorney

Texas Divorce Lawyer

Texas Divorce Process, Statutes, Information & More

How to Begin:

Currently, Texas law does not recognize legal separation as an alternative option to divorce. Once the complaining spouse, or “petitioner,” decides they wish to pursue the dissolution of their marriage, they must file a petition with a Texas District Court. Through the divorce procedure the courts will legally dissolve the spouses’ marriage as well as determine the arrangement of any further support, property division, etc. Finally, the non-complaining spouse, or “respondent” usually files an answer with the court.

Residency Qualifications:

In order to file for divorce in Texas at the time the suit is filed either spouse (petitioner or respondent) must have been a Texas resident for the preceding six months. Although special exceptions may apply (if one spouse lives in another state or country, for example), typically at least one spouse must be a long term resident of the state.

Grounds:

The grounds for divorce in Texas fall into either one of two categories, further explained below: “fault” or “no fault”

• Fault:

  The Texas state statute defines fault as:

  • Abandonment
  • Adultery
  • Confinement in a Mental Hospital
  • Conviction of a Felony
  • Cruelty
  • Living Apart for at Least 3 Years
• No Fault:

  The Texas state statute defines no fault as “insupportability” or when there is marital discord or conflict of personality to the point that any hope for reconciliation in the marriage relationship is unforeseeable.

Defense:

The Texas District Courts will not grant a divorce if there is sufficient reason to believe the parties will reconcile.

Mediation:

Either by decree of the court or by their own written agreement, the parties may refer a divorce lawsuit to mediation. The mediated settlement agreement becomes binding once it state that it is not subject to revocation and is signed by both parties and any of their legal representatives, if present, when the document is signed.

Arbitration:

Like mediation, the parties can either elect themselves or be referred by court mandate to submit and irreconcilable disputes to arbitration. If so, a third party arbiter will work to settle any disputes best seen fit; whether or not the arbiter’s findings are binding may vary.

Property Division:

Texas law typically calls for 50/50 division of property pending the parties’ failure to reach an approved alternate agreement

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Lorenzana Legal is an Injury Attorneys and Administrative Attorneys law firm. Our main offerings include: Divorce, Bankruptcy, Estate Planning, Criminal Defense and Business Litigation.

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