In order to file a divorce case in Texas, certain residency requirements must be met. First, a party must be a domiciliary of the state for the preceding 6-month period. A domiciliary of the state means a person that primarily lives in that state.

The second requirement is that a party must be a resident of the county in which the suit is filed for the preceding 90-day period. However, a spouse that does not live in the state may file a case against a spouse that does live in the state, as long as that spouse meets both of the requirements stated above.

Yes, you can get an annulment in Texas. Typically annulments are granted if there was a legal deficiency in the marriage. Examples include: one of the parties was underage; one of the parties was under the influence of drugs or alcohol; one of the parties is impotent; or one of the parties is mentally incapacitated.

It is very difficult to predict the cost of a divorce. It all depends on the issues involved and how the opposing party is going to respond to the divorce.

However, the more issues (i.e. custody, property valuations, fitness of a parent) that arise and the number of contested issues will add to the cost of the divorce. The more issues that clients and the opposing party can agree on, the lower the cost of the divorce.

When discussing whether or not a client can afford to go through a divorce, we often explain to the client that there are highs and lows in a divorce case. At the onset of a case, fees will be quite expensive with getting the initial pleadings (petitions and answers) filed and working on getting temporary orders (dealing with possession and access to children, property issues and financials) issued.

Typically there is a lull in the case while the parties are conducting and reviewing discovery, evaluating the parties (fitness as a parent), and negotiating for a final settlement. During this lull, we recommend that parties begin to build a “war chest” by saving money, borrowing from family, or gathering other resources so that once we are ready to go to final trial or to draft the final decree of divorce, the parties will be financially able to proceed.

There are seven grounds for divorce allowed under Texas law.

The first is insupportability. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

Another ground for divorce is living apart. This ground requires that the “spouses have lived apart without cohabitation for at least three years.”

The third ground for divorce is confinement in a mental hospital, and requires that one spouse be confined in a state or private mental hospital for at least three years plus the requirement that “the mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, relapse is probable”

The next ground is cruelty, which occurs when one spouse treats the other spouse cruelly and living together is insupportable.

Abandonment can also be a reason for divorce, and requires that one spouse has “left the complaining spouse with the intention of abandonment; and remained away for at least one year.”

Conviction of a felony and adultery are the last two grounds. It is important to note that the person alleging grounds for divorce must also prove those grounds. For example, when a spouse suspects adultery that spouse must be able to prove the adultery occurred.

Yes. Texas grants divorces based on the following fault grounds: adultery, cruelty, felony conviction and abandonment. Adultery means one spouse has committed adultery. Cruelty means that one spouse treated the other in such a way that the marriage and living together was insupportable. Abandonment requires that one spouse has “left the complaining spouse with the intention of abandonment; and remained away for at least one year.” Felony conviction requires that the other spouse be imprisoned for a year.

Whether a party really needs an attorney depends on the facts of the case. Attorneys are professionals and know their field extremely well. They can offer you their expertise and counsel you through your divorce.

Divorce lawyers can also see issues that may not occur to couples proceeding pro se, such as tax treatment of financial issues surrounding the divorce, issues with exercising possession and access of your children, and even discovery of hidden assets. A good analogy is if you had no medical experience, would you treat your own broken leg or would you go to a doctor to have it repaired?