Divorce in Texas: Common grounds and how to file


In today’s society, divorce is becoming more common. The reason? In part, because people (especially young people) like to be constantly on the move now.

With so many choices and options available to them, along with the prevalence of the Internet, people are getting divorced at an increasing or accelerating rate, according to lawyers specializing in the area.

Therefore, if you are considering a divorce in Texas, it is important to be aware of the reasons or factors that may affect your decision.

In this post, we’ll cover a few key ones and provide you with some tips on how to make the process as smooth as possible for you and your spouse. Keep reading!

Common Grounds for a Divorce in Texas

These vary according to the situation or context in which they occur. However, some of the most common grounds for divorce in Texas include:

  • Cessation of the period of cohabitation (for a minimum of six months)
  • Irreconcilable differences
  • Adultery has been committed
  • There is physical-mental abuse by one or both parties
  • A felony has been committed by one or both spouses
  • Alcohol or other substance problems
  • There is a death threat to the life of the other or both

In these cases, each party involved has the right to request a divorce for any of the aforementioned reasons or others that they consider reasonable, so that the relationship can end even if there is no physical separation or within the home.

On this, it is important to note that even if one of the spouses has committed adultery, the marriage can still be dissolved, only if the other person is not happy with the fact and wishes to end the relationship.

Who can file for divorce in Texas?

In Texas, a spouse can request a divorce whenever she wishes if the other has committed a crime that makes cohabitation intolerable, has violent behavior, or has not lived with her partner for more than 6 months.

However, there are some exceptions to this general rule. For example, if one of the spouses is a victim of domestic violence, they are not allowed to file for divorce. If one of the spouses is mentally incapacitated, he or she may not be able to handle the divorce process either.

In addition, if the woman is pregnant, the couple cannot file a divorce if they wish until the child is born, since it is necessary to establish certain rules or limits for each one first, especially if they will fight for custody of the child later.

How to File for Divorce in Texas

In order to file for divorce in Texas, you must meet certain requirements. The most important is that you must be living apart for at least six months, as we have already mentioned, especially if living together at home has become intolerable.

If you have minor children, they must also be living separately from you within the established period. If you are filing for divorce based on irreconcilable differences, your spouse must also agree to this.

Once you meet this requirement to file for divorce, the next step is to gather the required documentation. It includes your spouse’s financial disclosure, marriage certificate, as well as divorce decree. Once this is gathered, you can file for divorce whenever you want or think it is necessary.

Take into account that the filing fee for a divorce in Texas ranges from 300 to 500 dollars depending on the city, this is not counting the attorney’s fees. Also remember that you will need to provide your spouse with a copy of the divorce decree if he or she has taken legal action on your own.

Consequences of filing for divorce

There are many consequences when filing for divorce. Some of the most significant include the following:

  • Alimony and child support
  • Property Division
  • Migratory consequences
  • Custody and visitation of children
  • Divorce records will be public

Therefore, before requesting it, it is important to understand the legal process that this entails, since it will help you make the right decision on how to proceed or not, with the separation of you and your partner.

Finally, if you require assistance from a lawyer or legal firm, remember that you can contact us to provide you with options that will help you speed up the process, which will allow you to generate the well-being that both of you are looking for by leading a separate life.