Filing for divorce in Texas is about timing, literally.

On Behalf of | Mar 13, 2024 | Divorce

If you decide that you need to divorce, the last thing you probably want to hear right now is that you have to wait. Time conditions apply to some grounds for divorce and several filing requirements.

Courts in Texas accept abandonment as a reason if it has happened for at least a year. A minimum of three years, meanwhile, applies to living apart and confinement in a mental hospital.

Residency requirement and divorce effectivity

Texas law requires that at least one spouse has lived in the state for the last six months from the date of filing. You must file the divorce in the county that houses the spouse who lived in Texas for six months. The spouse should have lived in the said county for the last 90 days.

As for the waiting time for the divorce to be final, it is a minimum of 60 days. Some courts finalize divorces earlier if the reason is family violence. Either your spouse got a deferred adjudication for family violence, received a conviction or you have a protective order against them.

Divorce delays due to a pregnant spouse

According to the American Pregnancy Association, a Texas court will not finalize the divorce while your spouse is pregnant. It will decide on the divorce after childbirth to confirm paternity and complete provisions on child support and custody.

Co-parenting and spousal support

There are several options for custody. If you want to suggest a co-parenting arrangement, this requires your kids to live with each spouse for at least 35% of the year.

As for time conditions for spousal support, you can ask for it if you endured family violence during the marriage. It should have happened while the divorce was pending or two years before the filing. If you’re not disabled but can’t meet basic needs, you may ask for maintenance if your marriage is at least 10 years long.

When it’s time to call it quits

Divorce may be a difficult decision that causes significant impacts to couples and families. If you’re better off as a divorcee, make the effort to put in the time and resources to legally end your marriage.

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