When it comes to the intricate process of divorce, things can get even more complicated if you tied the knot in a different state. If you find yourself residing in Texas but exchanged vows elsewhere, you may begin to question whether you can actually file for divorce in the Lone Star State.
It’s important to remember that divorce is governed by state law, meaning that each state has its own set of divorce laws and requirements. This can create confusion for individuals who find themselves in a situation where they are married in one state but living in another, trying to figure out their next steps for divorce proceedings.
In this article, we will delve into your burning question and equip you with valuable information to help you navigate the divorce process seamlessly.
Residency Requirements for Filing for Divorce in Texas
To initiate a divorce in Texas, either you or your spouse must have resided in the state for a minimum of six months prior to filing. Additionally, at least one party must have been a resident of the specific Texas county where the divorce petition is filed for a period of no less than 90 days.
These residency requirements hold true regardless of the state in which you initially got married. Hence, if you have been calling Texas home for at least half a year and have established yourself as a resident of the county where you intend to seek a divorce for a solid three months, you are eligible to file for divorce in Texas.
Grounds for Divorce in Texas
Here’s the interesting part: Texas happens to be a no-fault divorce state. This means that you do not need to provide proof of your spouse’s wrongdoing in order to obtain a divorce. The only legal basis for divorce in Texas revolves around the concept of irreconcilable differences that render the marriage unsupportable.
However, it is worth noting that there are a couple of additional circumstances under which you can file for divorce in Texas. One such circumstance is if your spouse has been convicted of a felony and has been incarcerated for at least a year. Another scenario that could warrant a divorce is if your spouse has engaged in adultery.
Division of Marital Property and Debt
Texas operates under a community property system, which implies that any property acquired during the course of the marriage is typically subject to a 50/50 division between the spouses. This division concept also extends to any debts accumulated during the marriage, which may be subject to distribution by the court. It’s important to keep in mind that the courts in Texas strive to divide the assets and debts equally, unless there is a compelling reason to deviate from this approach.
Child Custody and Support in Texas
When it comes to divorces involving children, the court’s primary concern is always the best interests of the children involved. The allocation of child custody will be based on what the court deems to be in the child’s best interests. Depending on the circumstances, the court may grant joint custody, sole custody, or primary custody to one parent.
In Texas, child support is determined by taking into account the income of the non-custodial parent and the number of children who require support. The specific amount of child support is typically calculated as a percentage of the non-custodial parent’s net monthly income.
In Conclusion
To summarize, whether you exchanged vows in the state of Texas or another state entirely, you can still pursue a divorce in Texas as long as you satisfy the state’s residency requirements. As you navigate the divorce process, it’s crucial to have a solid understanding of Texas divorce laws pertaining to property division, child custody, and child support. Divorce can be an intricate and emotionally draining experience, which is why having a seasoned family law attorney by your side is highly recommended to guide you through the process with ease.