After months of therapy, and years of fighting and heartache, you have finally decided to get a divorce. The thing is you live in Texas and are unsure of how to go about filing for divorce in Texas. How would you apply for a divorce though? Where would you file for a divorce? And what are the laws regarding divorce in the state of Texas? Keep reading for all the information you need regarding filing for a divorce in Texas.

1. First things first
When it comes to filing for a divorce in Texas, each spouse should be a resident of the state for at least 6 months. Each spouse would also have to have lived in the specific county for at least 90 days prior to filing for a divorce. So if you would like to file for a divorce in the state of Texas, make sure that you fall under this specific requirement. In order for the court to exercise jurisdiction over your divorce, you need to be living in Texas or you need to have filed for divorce before your second anniversary on the date which your marital residence ended. So your marital residence has to be in Texas itself. If one spouse no longer lives in Texas, they can file for a divorce in their county or state. If you are in the military but were previously a resident of Texas, you can also file for divorce, even if you have not been in Texas for a while, you will still be considered a resident of Texas. If you were not a previous resident, though, of Texas but have been stationed in Texas, you can file for a divorce in Texas but you would have to have been stationed in Texas for at least 6 months.

2. Pregnancy
If you are pregnant and you would like to file for a divorce in the State of Texas, it is recommended that you wait until the birth of your baby before filing for a divorce. It's interesting to note that most courts in Texas will not finalise your divorce until your baby is born. This is because the courts would prefer the final order to include your children's rights and custody options. This is applicable, even if the child is not your husband's child.

3. Where to file for a divorce
You can file for a divorce at your local District Court, in the county which either spouse lives. The spouse petitioning the divorce must give notice to the other spouse. If the Respondent (the spouse being served) does not answer the petition within 21 days, then the case will be default and the divorce process may still continue, even without the respondent. You will usually have to wait at least 60 days before the court grants you your final decree. The only time when there is no waiting period is if there has been domestic violence. This is also applicable if there is a court protection order. It's also interesting to note that neither spouse will be allowed to remarry, 31 days after their divorce is finalised.

You could also consider getting an online divorce. Texas does allow for online divorce. This could be a much cheaper and affordable option than hiring an attorney. You would need to fill out an online questionnaire to see if you qualify for an online divorce. An uncontested divorce would be great for an online divorce. You can file for divorce from the comfort of your own home.

4. What are the legal grounds for divorce in the state of Texas?
In Texas, there are 7 statutory grounds for divorce. Most of these require finding a fault in the marriage; the only grounds for a no-fault divorce is, insupportability. This is the most common grounds for divorce in Texas.

The 7 statutory grounds for divorce are
● If the marriage is insupportable due to conflict, differences in personality and if there is no hope of reconciliation.
● Cruelty or abuse towards a spouse
● Adultery (cheating)
● If a spouse has committed a crime and they have been imprisoned for at least a year in the state of Texas.
● Abandonment
● If a couple has been separated for at least 3 years
● If your spouse has been admitted to a state mental hospital for at least 3 years and there is no hope that their illness will get better.

These are the 7 grounds for filing for a divorce in the state of Texas.

5. Is there a difference between an annulment and declaring a marriage void?
Yes, there is a difference between an annulment and if a marriage has been declared void. There are also void marriages and voidable marriages. A void marriage means that the marriage could never have been valid. In this case, the court might have to declare the marriage void. A voidable marriage means that the marriage should never have occurred. A voidable marriage usually occurs due to some sort of deception, if this is the case your marriage would need to be annulled by the court. The court would then declare the marriage as void.

An Annulment
An annulment may be allowed if one of the spouses is 16 years of age, but younger than 18 years of age and they got married without the consent of their parents. An annulment may also be considered if one of the parties were under the influence of drugs or alcohol, during their wedding procedure. If one member was declared permanently impotent at the time of their marriage and the spouse was unaware of their impotency. You can also file for an annulment if you had a mental disease that made you unaware of the nature of marriage.

To declare a marriage void
There are certain circumstances where a marriage can be declared void in the state of Texas. One circumstance, where a marriage could be declared void, is if either spouse is related to each other, for example, they are brother and sister. Bigamy is also a reason for a marriage to be declared as void and if the marriage is of same-sex couples. Its also to note that same-sex marriages or civil marriages are not considered valid in the state of Texas.

When it comes to getting a divorce in the state of Texas, it's also important to note that Texas is a community property state. This means that all money earned or all property bought while married, is owned equally by husband and wife. The court can decide how to divide property during a divorce. The court will decide what seems just and right. The court will look at the right of each party as well as the children. This also applies to things such as debt, pensions, savings, retirement plans and stocks.

When it comes to the custody of children, the state of Texas will grant legal custody to one parent and visitation rights to the other. When this is the case, the best interests of the children are taken into consideration. Children also need to have frequent contact with both their parents if both parents show that they have the child's best interests at heart and if they are concerned for the safety of their children. Children should also be in a non-violent family situation. A certain percentage of money should also be given for child support. This amount comes off your net income or resources and the percentage depends on the number of children you have.

Getting a divorce can be really stressful, and emotionally taxing. If you are prepared and know the laws of the state in which you live, this could help make your divorce easier to handle. Who needs added stress during a divorce? This is just a basic summary of the laws regarding divorce in the state of Texas. If you are unsure about how to file for a divorce in the state of Texas, visit your local court, they should be able to help you with any questions that you might have.