Filing for Divorce in Texas is different from divorce in other states.
There are seven reasons that divorces are granted in Texas. The most common grounds for divorce is “insupportability” which means that can’t be expected to work out because of conflicts of personality. These conflicts are serious enough to make it impossible for the parties to work out differences and get along. Insupportability is usually considered to be no-fault of either person in the marriage.
Filing for Divorce for any other reason in Texas is seen as the fault of one person or the other.
Adultery, cruelty, abandonment (for at least one year), incarceration for committing a felony crime, severe mental illness, and having lived apart for three or more years round out the other six grounds for filing for divorce. It’s easy to see why Insupportability is the most common choice. A divorce lawyer can help explain which grounds makes the most sense based on the facts of your case.
You must live in Texas for at least six months before filing for divorce in the state.
If you’ve been in Texas six months or more, you must also wait 90 days before you can file in the county you’re living in. The petition for divorce can also be filed in the county your future ex-spouse has lived in for at least 90 days. If you or your spouse are separated and one of you lives out of state, District court in Texas can decide to hear the divorce. In these cases, both people lived together in Texas within two years of having separated.
Whether or not you or your wife is pregnant can also impact your Divorce in Texas.
Most of the time, Texas courts will wait until the pregnancy ends and/or a child is born. It doesn’t matter if the child was fathered by the woman’s husband or not. This ensures that the question of child custody and support is addressed in the Divorce rather than after the divorce is finalized. For that reason, both parties might consider waiting until after the birth to begin divorce proceedings.