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The Residency Requirements for Divorce in Texas

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Irving divorce lawyerSo, you have decided to get a divorce. There is no chance of reconciliation; you just want to move on with your life. However, amid this decision, you decided you needed to relocate out of state. In Texas, residency requirements are an important part of the filing process. A skilled and understanding divorce attorney can help you navigate the requirements for filing a divorce and represent your interests in court.

What Are the Texas Divorce Residency Requirements?

To meet the residency requirements for filing a divorce in Texas, both of the following factors must be met:

  • You or your spouse must have lived in Texas for at least the previous six consecutive months
  • Either spouse must have been living in the county where you plan to divorce for the last 90 days

Exceptions to this rule do exist for military families and public servants stationed outside Texas. In this case, a Texas divorce may still be followed if:

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On What Grounds Can I File For Divorce in Texas?

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Tarrant County, TX divorce lawyerDivorce is a significant step in anyone's life, and in Texas, there are seven legally recognized grounds for it. These grounds can be broadly divided into two categories: fault-based and no-fault-based. The choice between these categories can significantly affect the divorce process and its potential outcomes. Divorce can be complex, so consulting with an attorney can provide valuable guidance through this process.

Committing Adultery

Adultery, in Texas, is defined as engaging in an intimate relationship outside of marriage, voluntarily and without the encouragement of the legal spouse. It is crucial to note that emotional affairs, explicit messages, or even kissing do not qualify as adultery. To claim adultery as grounds for divorce, you must prove physical infidelity, through photographs, messages, or witnesses. It is advisable not to engage in a new relationship until a divorce is finalized to avoid potential complications or accusations of adultery.

Lengthy Abandonment

Abandonment as a ground for divorce implies that one spouse left against the other's will for a minimum of one year with no intention of returning. To use this ground, it is essential to demonstrate that the departure was intentional and not due to temporary circumstances like work requirements or emergencies.

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How Do I Divide My Debt in a Divorce?

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Irving, TX divorce lawyerDivorce can be a difficult and emotional time, and the division of debt can add to the stress. In Texas, debt acquired during the marriage is considered marital debt, and it will be divided between the spouses, regardless of who incurred it. However, there are some exceptions to this rule.

To better help you understand these exceptions, you should hire a Texas family law attorney. An attorney can help you understand your rights and options and negotiate a fair settlement with your spouse.

Marital Debt vs. Separate Debt

There are generally two kinds of debt: marital debt and separate debt. Marital debt is debt that was incurred by either spouse during the marriage. This includes credit card debt, student loans, car loans, and mortgages.

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Irving, TX family lawyerDomestic violence is a pervasive issue that affects millions of individuals worldwide. While the immediate victims of domestic violence undoubtedly suffer the physical and emotional consequences, often overlooked are the silent witnesses—children who are exposed to these traumatic events. It can have long-term, serious consequences on a child's development and general health. People seeking a divorce to get out of situations involving domestic violence should have the help of an attorney who understands the way domestic violence is handled from a family law perspective and from a criminal defense perspective. 

The Consequences of Children Exposed to Domestic Violence

Children who observe domestic violence may suffer severe psychological trauma. Anxiety, sadness, and post-traumatic stress disorder (PTSD) can result from constant exposure to fear, aggressiveness, and instability.

Exhibiting behavioral issues is not uncommon for children who have witnessed domestic violence. They may become aggressive, disruptive, or exhibit regressive behavior, such as bedwetting or clinging to caregivers. After witnessing domestic violence, a child may come to view violence as a normal part of relationships. This normalization can perpetuate a cycle of abuse, with some children becoming perpetrators or victims of violence later in life.

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