Texas No Fault Divorce

Divorce Papers > No Fault Divorce > Texas No Fault Divorce

If the no fault divorce in this state is an uncontested one, then after the petition has been filed in the court, the Petitioner can just serve a copy to the Respondent by hand delivery or by mail. It is not required that the assistance of a process server or the Sheriff needs to be taken. After the Respondent receives the divorce papers, the Respondent is expected to sign a legal document acknowledging the receipt of the divorce papers. This legal document is then filed in the court.

Grounds of Texas No Fault Divorce

It must be stated that the relation between the married couple has broken down due to conflict and consequently the marriage has become insupportable.

Residency requirements of Texas No Fault Divorce

One or both divorcing partners must be residing in this state for minimum 6 months prior to the date of filing the petition. Moreover, such a person must be living in the county wherein the petition is filed for minimum 90 days before the date of filing of the petition.

If the divorcing partner, who files the petition, is military personnel, then the residency requirements are as follows.

• The divorcing partner must be a resident of this state for minimum 6 months and may be presently stationed outside this state, or
• The divorcing partners may not be a previous resident of this state, but must be serving for minimum 6 months at a military base located in this state

A No Fault divorce can also be granted in this state if the divorcing couple has been residing apart and separate in the absence of cohabitation for at least 3 years.

Some prominent points

• After the petition has been filed, a sixty day waiting period must pass before the divorce can be made final.
• The finalization of the divorce takes place during a short final hearing.
• When the court issues the final divorce decree, either party may request the court to permit use of a previous name and the court might grant such a request.
• After the divorce is finalized, there is a thirty day waiting period, after which the divorced partners are permitted to remarry. However, some other clause may be provided by the law.

The issue of spousal support

If the receiving party is granted spousal support as one of the below mentioned three conditions is fulfilled, then the amount of spousal support can be maximum one fifth of the total income of the paying party and this amount would be paid to the receiving party for a maximum period of 3 years. The conditions are as follows.

• The marriage lasted for 10 or more years and the requesting partner does not have enough property to fulfill the minimum requirements (inclusive of property granted during the divorce process. Moreover, the requesting partner does not have the earning ability in the labor market that is sufficient to fulfill the minimal requirements.

• The marriage lasted for 10 or more years and the requesting partner does not have enough property to fulfill the minimum requirements (inclusive of property granted during the divorce process. Moreover, the requesting partner is the custodian of a child or children and this child or children needs personal supervision and considerable care. Hence, the requesting partner has to stay at home with such a child or children.

• Within two years from the filing date of the divorce papers, the paying partner was convicted due to family violence

If the receiving party is granted spousal support as the following condition is satisfied, then the period for which the spousal support should continue is indefinite.

• The marriage lasted for 10 or more years and the requesting partner does not have enough property to fulfill the minimum requirements (inclusive of property granted during the divorce process. Also, the requesting partner cannot support self by means of suitable employment as this partner is suffering from an incapacitating mental or physical disability.

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