A Summary of Texas Divorce Laws

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Texas

Grounds For Divorce Under Texas Laws

Texas laws provide for a divorce action on the grounds:

1. Insupportability – The marriage can no longer continue because of irreconcilable differences.

2. Cruelty

3. Adultery

4. Conviction of a felony and imprisonment of at least one year (unless testimony of the spouse seeking the divorce resulted in the conviction)

5. Abandonment

6. Living apart for at least three years.

7. Confinement in mental hospital for at least three years, with no expectation of recovery.

Residency Rules

At least one party must be a legal resident of the State for six months preceding the filing of the divorce. The action must be filed in the county in which one of the parties has resided for a minimum of 90 days prior to filing.

Waiting Period Under Texas Divorce Laws

Texas requires the courts to wait 60 days from the date the suit was filed before a divorce may be granted.

Jury

In a suit for dissolution of a marriage, either party may demand a jury trial unless the action is a suit to annul an underage marriage.

Testimony of Husband or Wife

In a suit for dissolution of a marriage, the husband and wife are competent witnesses for and against each other. A spouse may not be compelled to testify as to a matter that will incriminate the spouse.

If the husband or wife testifies, the court or jury trying the case shall determine the credibility of the witness and the weight to be given the witness’s testimony.

Remarriage

Texas laws stipulate that neither one of you may remarry until the 31st day after the date that the divorce was decreed.

Change of Name

A name change will be granted to either party requesting one, to the name legally use before the marriage.

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