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Texas Legal Requirements for Divorce
Explanation of Chart and More Information on Requirements for Divorce
| Code Section | Fam. 6.001, et seq. |
| Residency Requirements | One party domiciliary for preceding 6 months and resident of county for preceding 90 days. |
| Waiting Period | 60 days from when suit was filed. Neither party may remarry before 31st day after decree signed (may be waived by court). |
| 'No Fault' Grounds for Divorce | Separation (3 yrs.); marriage is insupportable due to discord. |
| Defenses to a Divorce Filing | Defense of recrimination abolished; condonation is defense only when reasonable expectation of reconciliation; defense of adultery abolished. |
| Other Grounds for Divorce | Adultery; cruelty or violence; abandonment/desertion (1 yr.); insanity (confined for at least 3 yrs.); conviction of felony and imprisonment at least 1 yr. (unless spouse testifies against convicted spouse). |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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