Archive for February, 2013
The most important requirement before a divorce is filed is to determine where it must be filed. A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of Travis for the preceding 90-day period. Essentially, this means is that in order to obtain a divorce Travis County, Texas, there are certain residency requirements that must be met. Using the above scenario, in order to get a divorce in Austin, Texas you must show that not only are you living in Texas and have lived in Texas for at least six months prior to the filing of the divorce, but that you have also lived in the Travis county for the last 90 days.
In accordance with Texas Laws, a waiting period of 60 days is required. However, the divorce may take longer if the parties are trying to work out the terms of the divorce, such as custody of children, child support, property division, etc. If an agreement is not reached, either party may schedule a hearing at any time after the 60 day waiting period.
Also, since Texas law recognizes “no-fault” divorces, a divorce can be granted without the spouse who initiates the divorce having to allege and provide marital misconduct on the part of the other spouse.
In conclusion, make sure the filing of the Decree occurs in the proper venue and all the relief you request is outlined in your Decree.