When it comes to divorce law in the state of Texas there are some basic requirements. First, one of the married persons is required to have lived in the state for at least six months. In addition to having been in the county they file in, for at least 90 days. Lastly, a final divorce decree is granted after a 60-day waiting period.
Texas allows for no-fault, and fault, grounds for divorce. In no-fault divorce, either spouse can file to dissolve the marriage. Even when the other spouse does not want a divorce. And, the grounds for fault divorce in Texas are; Adultery, cruel treatment, abandonment, long-term felony incarceration and confinement to a mental hospital. Consequently, if one spouse is proven at fault for the divorce, the court may take that into consideration. Therefore, evidence and independent facts must prove the alleged fault ground.
Texas Divorce Law Legal Obligation
Spousal maintenance in Texas is a legal obligation of financial support by one spouse to another. Before or after a divorce has been granted. Because to be eligible for spousal maintenance, the spouse seeking financial support must prove lack of sufficient property, assets, or resources to provide for their minimum reasonable needs. Finally, spousal maintenance eligibility is considered. As well as other factors such as the duration of the marriage.
Divorce Law – The spouse seeking support must prove one of the following circumstances:
Spouse has been convicted of a family violence crime within 2 years of the filing of the petition for divorce.
The spouse seeking divorce cannot earn income because of an incapacitating physical or mental disability.
He/she has been married to the other spouse for 10 years or longer and lacks the resources to earn a sufficient income.
The husband or wife seeking divorce is the primary caregiver of a child who requires substantial care due to a physical or mental disability.