TEXAS DIVORCE INFORMATION
Attorney-Mediator & Counselor at Law
Visiting Associate Judge of the 171st Judicial District Court
Texas is one of the many states that has enacted "NO FAULT" divorce. Texas recognizes insupportability of a marriage as a reason for divorce. This means that if one of the spouses desires to obtain a divorce, the divorce may be granted even though the other party does not want it. Fault grounds still may be alleged under certain circumstances.
HOW LONG MUST I LIVE IN TEXAS BEFORE I CAN FILE FOR DIVORCE?
There is a two-fold residency requirement in Texas.
(1) You must be a legal resident or have lived continually in Texas for six (6) months prior to filing for divorce.
(2) You must have lived within the county where you file for divorce for three (3) months before you are eligible to file in that county.
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Material on this Web site should not be used as a substitute for seeking legal advice. Should you need legal advice regarding a personal family matter, we encourage you to seek assistance from a licensed attorney in your state or jurisdiction in which you reside if you need legal counsel.
Focusing on Military Family Law, Mr. Donald Williams, Attorney, former JAGC Officer, joins us as a contributor on our family life section to share information about this sometimes, complex subject. A highly sought after speaker on military family law issues including issues relating to the military combat zone. He is currently an Advanced Family Law Mediator and Visiting Associate Judge.
Material on this Web site should not be used as a substitute for seeking legal advice. Should you need legal advice regarding a personal family matter, we encourage you to seek assistance from a licensed attorney in your state or jurisdiction in which you reside if you need legal counsel.
Welcome Mr. Donald L. Williams to the
Fort Bliss Life Family/Military Link Partner in Information
This also applies to military personnel who are only in Texas for the purpose of military duties.
HOW LONG AFTER I FILE FOR DIVORCE UNTIL THE DIVORCE IS FINAL?
There is a mandatory sixty (60) day "cooling off" or “waiting” period between the date of filing and the date when the divorce can become final. A decree of divorce does not automatically result from filing a petition and then waiting for sixty (60) days. The person asking for the divorce must appear in court with an attorney, if one has been retained, to secure a final decree of divorce. There is a thirty (30) day waiting period after the divorce before either party may remarry in the State of Texas, unless they remarry each other.
WHAT IF MY SPOUSE IS NOT IN TEXAS, CAN I STILL GET A DIVORCE?
Generally speaking, yes. Problems arise when the spouse is in the military service and is not stationed in Texas. The Servicemembers Civil Relief Act provides protection to military spouses who are unable to appear and defend court actions because they are stationed distant from the court which will decide the case. This protection is particularly effective if the spouse is overseas; however, you should remember that this protection is not automatic or permanent and many times will provide no barrier to the obtaining of a divorce. Texas may not have jurisdiction over parties and property not in the state.
In the next issue... ALIMONY AND CHILD SUPPORT
Donald L. Williams
