DIVORCE PETITIONS (PAPERS)
What you need to know
To qualify for a divorce in Texas you or your spouse must be a resident of the state for at least six months. Additionally, the spouse who is filing for divorce must have lived in the Texas County in which he or she plans on filing for a minimum of 90 days.
Texas is a no-fault state, meaning you do not have to include a fault as the cause of your divorce. Incompatibility, irreconcilable differences, and irremediable breakdown of the marriage are often cited as reasons for a no-fault divorce. Texas Legal Shop will also write other valid fault reasons for divorce, an example is Adultery, but recommends against it. Trying to blame the other in a divorce makes negotiations more difficult.
Texas is also a community property state. Property acquired during the marriage – i.e. ''marital property'' -- is split 50/50 unless there are special circumstances. If you owned property prior to being married, this is called ''separate'' or non-marital property. Any gift or inheritance that you or your spouse personally received during your marriage is considered non-marital property as well. While community property is divided; ''non-marital'' property can be retained by the spouse who owns it.
Agreeing on how your marital property will be divided can save you money and time. An uncontested divorce can move through the courts much faster than a contested divorce: a minimum of 60 days (Texas’ Law) or 8 to 24 months or longer in a contested divorce.
