Anyone Intending to File for Divorce should make sure that He/She Meets His/Her State’s Residency Requirements

According to an Houston divorce lawyer, “Under Texas law, the Court may grant a divorce on grounds of insupportability, which is described by the statute as a discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation; insupportability essentially operates as a no-fault provision for divorce. So, your divorce, like the divorces of a majority of couples, may be considered a “no fault” divorce. This may be true even in the event you or your spouse is alleged to have acted improperly during the marriage. Two of the other most common grounds for divorce in Houston include:

  • Cruelty by one spouse towards the other of a nature that renders living together intolerable.
  • Adultery

Other fault-based grounds for divorce also exist, but they are less likely to be applicable.

In many states, including Texas, a spouse intending to file a petition for divorce may do so either through “fault” grounds or “no fault” grounds. In “no-fault” divorce, a spouse petitioning for divorce simply has to indicate “insupportability” as the reason why he/she is seeking divorce. All other reasons he/she will cite will be immaterial as courts recognize “insupportability” as a legal basis for granting divorce to those who seek it.

In states where citing a fault is strictly observed, however, the following grounds are considered valid:

  • Adultery;
  • Cruelty;
  • Conviction of felony with the convicted party having been imprisoned for at least one year;
  • Abandonment for at least one year;
  • The spouses having lived apart for three years; and,
  • Confinement in a mental institution for three years with the mental disorder having little or no hope of recovery.

It is necessary for a spouse intending to file for divorce, especially if he/she resides in Texas, to make sure that he/she meets his/her state’s residency requirements, otherwise, his/her petition will not be recognized due to absence of jurisdictional rights to hear the case. This will result to the case eventually getting dismissed – a clear waste of time, effort and money.

In Texas, residency requirements are as follows:

  • Either the petitioner or the respondent has lived in the state of Texas for at least six-months prior to the filing of the petition;
  • Either the petitioner or the respondent has resided in the county for at least 90 days prior to the filing of the petition;
  • If one spouse already resides in another state or country, while the other has been residing in Texas for at least six months, then the former may file a petition for divorce in the county where his/her partner resides; and,
  • A member of the U.S. armed forces, who is not a resident of Texas may still file a petition for divorce in this state but only if he/she has been stationed at one or more military installations in this state for the last six months and at a military installation in a county of this state for the last 90 days.

 

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