Are You Thinking About Filing for Divorce in Texas?
First and foremost, if you are seeking a divorce, make sure you are absolutely positive that a divorce is the only option. There should be no uncertainty as to whether you and your spouse should remain married. It is recommended that couples seek some form of marriage counseling or psychological services prior to deciding that divorce is appropriate. Marriage counselors can provide invaluable advice to a couple debating whether to divorce. Understanding the emotional and physical consequences from a counseling stand point can assist you in deciding if a divorce is the best option. When you decide to file for divorce – you are definite in your decision.
Many times a spouse will file a divorce petition in hopes of resolving the problems confronting the marriage. This is not viable option for working out a marriage. Making the decision to file for divorce means that you are going to get a divorce. Such a threat or decision to file for divorce will likely cause hostility and discourse between spouses. Therefore, hoping to resolve a marriage by filing for divorce is strongly discouraged.
Texas has jurisdictional requirements that may prevent you from filing for divorce in a Texas county. The residency requirement for a divorce should be addressed before filing as well. The Texas Family Code requires one of the following to file for a divorce in Texas.
- If you and your spouse have been domiciled in Texas for the past 6 months, you can file the petition in either county where you or your spouse has resided for the last 90 days.
- If only you have been domiciled in Texas for the past 6 months, you file the petition in the county you have resided in over the past 90 days.
- If only your spouse has been domiciled in Texas for the past 6 months, you file the petition in the county where your spouse resides.
It is strongly recommended that you seek the advice of an attorney if you have decided that a divorce is the option for you. Consulting with an attorney does not automatically mean that you must hire that attorney to represent you through the divorce process. An attorney can provide you with a good idea as to how the divorce process will work in your situation. It is important to fully understand the complexities of the divorce process to insure that your interests are adequately protected and that you receive an equitable division of the marital assets.