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In Texas, a party may request a divorce based on fault or on no-fault grounds, depending on the specific facts of the case. "[T]he court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." Tex. Fam. Code Sec. 6.001. The court may grant a divorce based on fault grounds for the following reasons: cruelty, adultery, conviction of a felony, abandonment, living apart, and/or confinement in a mental hospital. See Tex. Fam. Code Secs. 6.002-6.007.

Divorce in Texas begins with filing an Original Petition for Divorce. To file for divorce, the Texas Family Code establishes where the suit may be filed by requiring either the person seeking divorce or the responding party live in Texas for the preceding six month period and be a resident in the county where the suit is filed for the preceding 90-day period. Tex. Fam. Code Sec. 6.301.

If the divorce involves children, "the suit for dissolution of a marriage must include a suit affecting the parent-child relationship [...]," which means the divorce proceeding will also address all issues involving the children. Tex. Fam. Code Sec. 6.406(b).

Filing for divorce is a big step, especially if the relationship has continued for an extended period of time. In addition, the divorce process can be a complicated one, particularly if the parties are not able to agree or work together in dissolving their marriage. A divorce proceeding includes all areas of a person's life, chiefly involving personal finances and children. Expect to spend a great deal of time gathering information about your personal finances and property you own or debt you have with your spouse. If you believe issues with your children will be contested, expect to spend a great deal of time determining who is better suited to care for the children, considering the information listed in this site's "Custody" subsection.

If you are contemplating divorce, contact our office today for an initial consultation to discuss your options.

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