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Divorce laws and guidelines vary by each state. If you live in Texas and are seeking a divorce from your spouse, there are some factors you should be aware of. For instance, depending on the situation, there is a waiting period for a divorce in Texas. The circumstances vary, and, of course, all laws should be adhered to in order for the divorce to be filed.
The Waiting Period – Residency
The waiting period for residents of Texas filing a divorce accounts for several factors. For example, you won’t be able to file for divorce if your spouse is not, or has not been a resident of Texas for less than six months. You will not be able to file for divorce in Texas if your spouse lives in another state. For those cases, you will have to file in the state your spouse lives in so that the divorce is legal.
The Waiting Period – Military
If your spouse is in the military and overseas, you cannot file for divorce in Texas. Your spouse must be stationed back in Texas for six months before the divorce can be filed. However, there may be applicable laws to get the divorced finalized in the country that your spouse is currently in. The costs for that may be different. Sometimes it can be less expensive. If you wish to file for divorce when your spouse is not in the state, make sure you are familiar with the laws governing divorce and marriage in other countries.
The Waiting Period – Valid Reasons
In Texas, you must have a valid reason to want to be divorced from your spouse. If you and your spouse are not having major issues, you can file for no-fault divorce. This means the blame of the divorce isn’t placed on either spouse.
However, with other reasons, such as the conviction of a felony or abandonment, there is a waiting period for a divorce in TX. If you are filing for divorce because of a felony your spouse has committed, they must have served prison or jail time for a year without a pardon. This is important, even if you testify against your spouse. If the year has not been served to term, the divorce will not be granted for this reason.
For abandonment reasons, the spouse must have left with intentions of abandoning his or her spouse. They also must have been living away from the spouse for one year, sometimes longer. When divorce courts justify separate living between spouses, it must be for a period of three years.
Since you’re dealing with the complex process of divorce, it will be in your best interest to contact a local Texas divorce lawyer who can lead you through family conflicts, financial negotiations, and any legal issues you may be having.













