To be eligible for a legal divorce in the State of Texas, you must be a resident for at least 6 months and have lived in the county where the case will be filed. There is a 90 day hold on divorce case filings prior to petition. Exception to the residency rule in Texas resident, are those parties residing outside of the state while in the military. The state does not recognize legal separation as part of a divorce petition. Texas is a “no fault” jurisdiction, so that wrongdoing is not part of the consideration by the court. Divorce petition orders will be signed by the court, even where one of the parties refuses to sign.
The Petition Process
There is a 60 day statutory waiting period before a divorce can be finalized, which begins at time of filing for the Original Petition for Divorce. This means the 61 day period is the shortest time to finalization of a divorce by a Texas court.
Uncontested divorce proceedings require three months to four months. In contested divorce proceedings, time to finalization may vary due to the complexity of the case, attorney or court schedule, and conduct by the parties while in court. If a divorce petition filed in a Texas court involves dispute over finances, temporary orders, child custody orders, stay away orders, litigation over property, or other issues pertaining to resolution of a divorce proceeding that may be subject to appeal, the length of time to finalization can be up to several years. Texas is a community property state providing for equal distribution of martial assets at time of divorce unless the court should decide otherwise.
Protect Yourself in a Legal Divorce
The surest way of protecting yourself from loss of child custody, property, and spousal compensation in a divorce petition proceeding in Texas, is to hire an attorney. Retention of counsel will ensure that you are represented in court. Springer & Lyle, Texas, is an experienced family law firm specializing in divorce filings. When filing a divorce petition in Texas, we can assist in the retention of your home, your assets, and your rights to a family life. Offering affordable, reliable, legal counsel to families in Texas, we will fight for you in court. If you are seeking to file a divorce, contact Springer & Lyle, LLP for a free consultation.