Determining where to file for divorce is vital in order for the case to be heard by the proper governing body. In addition to being properly studied, it is also essential to determine where you’re going to file your divorce petition because of the different state laws concerned.
One particular state law, such as having a no-fault divorce, can be considered in Texas but may not be considered in another.
In this article, we’re going back to reviewing the basics of filing a divorce petition in Texas with regards to residency in the state and the county.
Reviewing the Basic Requirements of Filing a Divorce Petition
In one of our earlier articles, we talked about how divorce works in the state of Texas. It particularly covered the basic requirements in order for the process to start, the basic grounds, when the divorce process particularly begins, the definition of an uncontested divorce, and finally, how long the divorce process takes in Texas.
To refresh, here are the most basic requirements of filing a divorce petition in Texas:
1. Residency
Residency is a requirement because it provides information that you’ve resided in the county for the specified amount of time. Not being able to meet this requirement can cause your petition for divorce to be rejected or otherwise, dismissed.
According to the Texas Family Code, the residency requirement to file a divorce successfully is simple. The petitioner should live in Texas for at least 6 months and have lived in the county of filing for at least 90 days.
2. Filing for Petition of Divorce
The next requirement is for the petitioner to file the petition for the dissolution of the marriage to the court.
There are several documents that need to be prepared specifically for the petitioner. The most important being the Original Petition for Divorce. This document is relatively easy to complete, what can be difficult is to gather the supporting documents necessary.
In which case, hiring a divorce attorney would be very helpful in procuring all of the supporting documents for the divorce petition.
3. Legal Grounds
There are several legal grounds in which a divorce may be granted. In Texas, the legal grounds for divorce can be easily categorized into two, which is mainly fault or no-fault.
In a no-fault divorce, the court will grant the couple their petition simply due to the fact that both parties are in agreement that the marriage can no longer be saved.
On the other hand, the legal grounds for divorce that are considered to have a fault implies that the dissolution of marriage is attributable to the actions of one of the parties.
The legal grounds that fall under this category include, adultery, violence, felony conviction, and abandonment.
Residency vs. Where You Got Married
If you’re wondering where to file your divorce because you got married elsewhere, the only thing you need to remember is the residency requirement.
According to the Texas Family Code, Chapter 6, residency is the main requirement to exercise the Texan court’s jurisdiction for the divorce. It won’t matter where you got the marriage license nor where you got married as long as the petitioner has fulfilled the residency requirements as stated in the Texas Family Code, Chapter 6, Section 6.301.
Get In Touch with a Divorce Attorney in Fort Worth, Texas
Expert legal advice stresses the importance of residency when you’re filing for divorce. Residency requirements in the state of Texas are relatively simple in order for your divorce to move forward.
The first is that the petitioner must have been living in Texas for at least 6 months and the second being, the petitioner must have been living in a Texan county for at least 3 months.
For additional help regarding divorce in the state of Texas, we suggest getting the best legal advice from the attorneys of Turner-Monahan, PLLC.
