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Texas Divorce Laws

The Texas divorce laws do not differ greatly from the divorce laws in other states. Under the law there are two main grounds for divorce that are recognized - fault based and no fault based.

However, before you file for divorce under the Texas divorce laws you do, as with most other states, need to meet the residency rules in order for your petition to be considered and pass the first hurdle. According to Texas law, either you or your spouse must have been a resident of Texas for at least six months.

For military personnel the residency rules are slightly different. I would suggest that if you intend to file for divorce and either you or your spouse is active in the military that you consult the special Texas divorce laws for your situation.

The Texas divorce laws actively encourage the two parties in the divorce to reach mutual agreements where possible. This is particularly the case where custody of children are involved. Once a mutual agreement has been reached by the parties, the court will review it and if it is found to be fair and in the child’s best interest it will be endorsed. If on the other hand the court does not approve of what has been agreed, the court may request both parties to submit a revised agreement.

Encouragement of mutual agreements in this manner have shown to reduce conflict between the parties. That is not to say though that court rulings are not required. In fact the court ensures that any agreements made between the parties are fair to both sides. Where necessary, the court may reject a mutually made agreement and make an overruling decision which is believed to be more beneficial to one or both parties concerned.

Regarding the settlement of property and debt, Texas is regarded as a ‘community property’ state. In other words, all property and debt acquired from the date of the marriage until the cut-off date will be considered in the divorce settlement. Unless the couple is able to make a mutual agreement that the court endorses, the court may order for both property and debt to be equally split between the two parties.

As a final word, if you are thinking of filing for divorce under the Texas divorce laws, you should always check you have the latest, accurate information since the laws are subject to change. The best place to find this information is either to consult the Texas statutes, or a trained professional.