Preparing and Filing for Divorce in Texas

• The court has identified that the Respondent has been convicted of domestic violence against the Petitioner or someone in the Petitioner’s household
• There is an existing and active protective order filed by the Petitioner against the Respondent

However, if the spouses come together and agree on all issues peacefully and amicably, then the divorce can be finalized after the 60-day waiting period. This may be extended if the court has limited availability in your specific county.

Residency Requirements

First, to file for a divorce in Texas, at least one spouse must be a resident of the state for six months. Additionally, you must have lived in the county you’re filing in for at least 90 days.

Grounds for Divorce

Courts may grant a divorce for any of the following statutory grounds:

• Cruelty - When one spouse’s cruel actions towards the other render the couple from living together.
• Adultery - When one spouse has had an extramarital affair.
• Felony Conviction - When one spouse has committed a felony and has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, and has not been pardoned.
• Abandonment - When a spouse has intentionally left and has not returned for at least one year.
• Living Apart - Spouses who have not lived together for at least three years.
• Mental Hospital Confinement - When one spouse has been under the confinement of a private or state mental hospital for at least three years, and their mental disorder is of such a degree that adjustment is unlikely.
• Insupportability - When there’s a “discord or conflict of personalities,” and it prevents “reasonable expectation of reconciliation.” This is grounds in no-fault divorce cases.

Types of Divorce in Texas

Uncontested Divorce

When a couple agrees on the issues in their divorce — typically property division, child custody, child support, and alimony — they can pursue an uncontested divorce. The advantages of this approach are lower costs and faster results.

Our goal is to maintain these advantages while making sure you are not stumbling into any pitfalls, such as ignoring an issue that could potentially become problematic in the future. If it turns out that you wish to contest an issue or further negotiate with your spouse, we will be there to help.

In almost all family law matters, agreeable parties achieve more favorable results. That said, it is crucial to realize that uncontested does not necessarily mean uncomplicated or free of challenges.

Additional requirements to file for an uncontested divorce in Texas include:

• Neither spouse is currently undergoing a case for bankruptcy
• Minor children are not involved
• Property is not owned together
• Retirement benefits are not waiting to be divided
• Neither spouse is seeking alimony payments

If minor children are in the picture, then filing for an uncontested divorce will not be possible. However, there is the option to file for an “agreed divorce”. To become eligible for an agreed divorce, you must meet the following criteria:

• All issues regarding the divorce must be agreed upon between each spouse
• Previous court orders for child custody or support must not already be in place

Contested Divorce

When a couple does not agree on an issue we will make sure you understand all of the potential pitfalls so that you can make informed decisions about how to proceed on issues such as child custody, property division, and spousal support.

When you choose our firm to handle your contested divorce, your goals become our goals. We will start by learning more about your circumstances and the future you envision for yourself and your children after your divorce is finalized.

Litigation in Contested Divorces

Not every contested divorce case ends up in the courtroom. Disagreeing with your spouse about how to resolve the issues in your divorce does not have to lead to litigation. At the Law Offices of Mark M. Childress, PLLC, we are adept at resolving divorce cases in many ways, including litigation and mediation. Depending on your situation, it may be in your best interest to go to trial, but we will make sure you understand all of the opportunities and drawbacks your situation presents. We represent residents of Wise County, Johnson County, Parker County, & Tarrant County.

Discuss your case with our Fort Worth divorce attorneys today. Call (817) 497-8148.