Divorce can be a complex and emotionally challenging process. If you’re considering filing for divorce in Texas, you must meet a few important requirements.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, discusses the residency requirements for filing for divorce in Texas and the court’s role.
All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Filing for Divorce in Texas: What You Need to Know
Before filing for divorce in Texas, it’s important to consider a few factors. First, think about your legal rights and obligations, particularly related to property and assets. For example, Texas is a community property state, meaning that any property acquired during the marriage is considered joint property and must be divided equally in a divorce. Additionally, any child custody and support issues that may arise during the divorce proceedings should be considered.
Navigating Divorce Proceedings in Texas
To initiate a divorce proceeding in Texas, one must have been a state resident for at least six months and a county resident for at least 90 days. Once these requirements are met, any individual can file for divorce in the state. However, the court may dismiss the case or allow it to proceed. It depends on the decision of the judge presiding over the matter at that time.
One of the most common questions that arise when filing for divorce is where to file. Are you required to file in the state where you were married or where you currently reside? Understanding the residency requirements and other important legal considerations is key to successfully navigating divorce proceedings in your state. Read on to learn more about the specific rules for filing for divorce in your state.
Important Legal Considerations for Texas Divorces
In addition to the residency requirements and legal considerations we’ve already discussed, there are a few other important legal issues to keep in mind during a Texas divorce. For example, having a prenuptial agreement in place will impact the division of property and assets. Additionally, Texas law (Section 6.702) requires a 60-day waiting period before a divorce can be finalized, even if both parties agree on the divorce terms.
Benefits of Hiring a Divorce Lawyer in Texas
Divorce proceedings in Texas can be complicated, particularly if you and your spouse disagree on key issues. You may need a divorce lawyer to help you navigate the process and protect your legal rights.
A divorce law firm like Turner-Monahan PLLC can help you negotiate with your spouse, represent you in court, and ensure that your interests are protected throughout the proceedings.
Click here to learn more about the benefits of having a strong, experienced, and well-rounded family law divorce attorney.
How Does The Family Code Address This Issue?
Under the Texas Family Code, these statutes set out the specific requirements for residency in Texas and the county of filing suit to initiate a divorce proceeding. They also outline the necessary contents of a divorce petition.
- Section 6.301 states that to file for divorce in Texas, either the petitioner or the respondent must have been a domiciliary of Texas for at least six months and a resident of the county in which the suit is filed for the preceding 90-day period.
- Section 6.302 of the Texas Family Code allows a spouse who is not a resident of Texas to file for divorce in the county where the other spouse has been a domiciliary for at least six months.
- Section 6.305 outlines when a court can exercise jurisdiction over a nonresident respondent in a marriage dissolution suit and also applies to suits involving parent-child relationships.
If you’re considering divorce in Texas, it’s essential to be well-prepared for the process. In addition to understanding the legal requirements, there are several steps you can take to prepare yourself emotionally and financially.
Gathering relevant documents such as tax returns and insurance policies, creating a budget, and seeking emotional support are just a few of the things you can do to be ready. For more information on how to prepare for divorce in Texas, read more.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Going through a divorce can be an emotionally and financially challenging process, but you don’t have to face it alone. At Turner-Monahan, PLLC, our experienced Fort Worth divorce attorneys are here to fight for your rights and make the legal process as smooth and stress-free as possible.
Whether your divorce is simple or complex, our family law attorneys and staff will assist you every step of the way to help you achieve the best possible outcome for your family. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Do I Retain A Family Attorney To Represent Me?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Choosing Between Mediation, Trial, And Arbitration. Which Is The Best Alternative?
- What Is The Difference Between A Legal Separation And A Divorce?
- Can A Parent Send Someone Else To Pick Up Or Drop Off The Child For Visitation Or Other Activities?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
