When you are considering filing for divorce, there are certain legal requirements you must meet. In Texas, a divorce severs the marital relationship and helps parties divide their debts and assets. During the divorce, the couple will be able to decide issues like child custody, child support, visitation, division of marital property, and spousal support. Depending on the reasons for the separation, couples can file for an uncontested or contested divorce, and residency restrictions also apply.

Have questions regarding divorce requirements in Frisco? We are here for you. Contact an experienced divorce attorney from Towson Law Firm, PLLC today.

Residency Requirements for Filing a Divorce Petition

There are residency requirements for filing for divorce in Texas, meaning that one of the spouses must reside in the state for a minimum of six months. It is not sufficient to have a secondary residence in the state; it must be their personal primary address.

A person can be a resident of more than one state, but has only one “domicile.” When determining where someone is domiciled, the court may look to where they have a driver’s license or where they are registered to vote.

A divorce petition is filed in the District Court of the county in Texas where either party has lived for at least 90 days. In cases where the individual seeking a divorce from someone who lives in Texas does not live in the same state, they should file where their spouse lives. A skilled attorney in Frisco could help clarify residency and other requirements for divorce.

Grounds for Divorce

The grounds for divorce are the couple’s legal justification for separating. Having sufficient grounds for dissolving the marriage is another requirement of a divorce. Texas, like many other states, has no-fault grounds for divorce, as well as several traditional fault-based grounds.

No-Fault Grounds for Divorce

When a couple uses a no-fault ground for divorce, they are in agreement that the marriage is beyond repair. The parties often have an amicable agreement, and the divorce process will be resolved more efficiently than if the case is contested. In Frisco, the no-fault grounds can mean the couple is living apart or there is a general insupportability of the marriage.

Fault-Based Grounds for Divorce

On the other hand, when the grounds for divorce are fault-based, the couple is not in agreement about the terms of their separation. Filing under a fault-based ground requires proof of the alleged spousal misconduct. It is a much higher burden, and contested divorces are more expensive and take longer to resolve. The common fault-based grounds for dissolving a marriage include:

  • Cruelty
  • Adultery
  • Abandonment
  • Felony criminal conviction
  • Confinement to a mental institution

It is important to file under the proper grounds, as this could impact the terms of the marital settlement agreement and issues like spousal support. Be sure to consult a Frisco lawyer about satisfying the divorce requirement of having sufficient grounds for the dissolution of the marriage.

Consult a Frisco Attorney to Learn More About the Requirements for Divorce

The divorce process can be daunting, even when you and your former spouse agree on most terms of the separation. The issues that arise during divorce proceedings are highly personal and impact your life greatly, so it is crucial to consult an experienced divorce attorney.

The dedicated legal professionals at Towson Law Firm, PLLC could help you navigate the process and ensure you meet the divorce requirements in Frisco. As we oversee these sensitive issues, we stay passionate about client education, ensuring you know your rights every step of the way. Do not hesitate to contact us with questions about your case.

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Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson