Question By: Divorce can be a challenging and emotionally charged process, but Texas aims to simplify it through the provision of a "no-fault" divorce option. No-fault divorce allows couples to end their marriage without assigning blame to either party. In Texas, understanding the stipulations of a no-fault divorce is crucial for individuals seeking to navigate this legal process with clarity and efficiency.
Residency Requirements:
To file for a no-fault divorce in Texas, one or both spouses must have lived in the state for at least six months preceding the filing. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.
Grounds for Divorce:
Texas is a no-fault divorce state, meaning that couples can cite "insupportability" as the grounds for divorce. This legal term essentially acknowledges that the marriage has become insupportable due to conflicts and differences that cannot be resolved.
Mandatory Waiting Period:
Texas imposes a 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized. This waiting period is designed to give couples the opportunity to reconsider their decision and possibly reconcile.
Property Division:
Texas follows the community property system, which means that marital property is divided equally between the spouses. No-fault divorce does not absolve the need for a fair and just division of assets and liabilities accumulated during the marriage.
Child Custody and Support:
In cases involving children, the court will determine custody arrangements based on the best interests of the child. Child support will also be calculated according to state guidelines. No-fault divorce doesn't impact the court's responsibility to ensure the well-being of the children involved.
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