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The end of a marriage can be difficult, but it also represents an opportunity to turn the page and start the next chapter of your life. Before you can do that, you will need to comply with all of the divorce requirements set out in state law.
A single misstep could lead to frustrating and costly delays. No one should have to navigate this process without help. If you are unclear about your next steps, now is the right time to seek guidance from seasoned legal counsel. Call a dedicated divorce attorney today to get started.
To file for divorce in Austin, the most crucial requirement to be aware of is residency. The state only has the authority to grant a divorce petition if one or both parties have the necessary ties to Texas. For the court to consider a request for divorce, one of the spouses must have lived in the state for a minimum of six months prior to filing and in the county where the petition is filed for a minimum of 90 days. If these requirements have not been met, the court does not have the proper ability to oversee the case.
It is important to remember that the party filing for divorce does not have to be the one who meets the residency requirement. An individual can file for divorce while living out of state, so long as their husband or wife resides in the area.
Under Texas law, spouses may pursue divorce on both “no-fault” and “fault-based” grounds. While no-fault divorce is the more popular option, each approach has its benefits.
This approach is the fastest of the two options, given that it does not require the consent of the other spouse to dissolve the marriage. Instead of making a case for who is to blame, the person seeking divorce only needs to establish one of two grounds:
First, no-fault divorce is possible when there is evidence the marriage cannot survive due to conflict or existing tension. There is no need to show who is to blame, only that the relationship cannot be repaired.
Second, an individual can seek the dissolution of their marriage if they have lived apart without cohabitation for a minimum of three years. This time must be uninterrupted.
The traditional way for courts to issue an order dissolving a marriage is by first deciding which of the parties was ultimately responsible for the breakdown of the relationship. It should come as no surprise that this determination is often contentious. In many cases, the process drags on for months or longer as spouses point the blame at each other. Some examples of at-fault grounds include:
While there are additional challenges that come with this approach, establishing who is to blame for the breakdown of the marriage can have an impact on the issue of alimony.
Before the courts can bring your marriage to a lawful end, you must meet certain Austin divorce requirements. While complying with the law is relatively simple, even a single mistake could require you to start all over again. Instead of handling this process alone, reach out to our firm today to learn how our team could help.