Are There Separation Requirements For Divorce In Sugar Land TX
There is no legal separation in Sugar Land, TX. However, a divorce can be sought on grounds that are based on an extended period of separation under very specific circumstances. This could include filing for a fault-based divorce on the grounds of abandonment, or a no-fault divorce, citing living apart as justification.
If you and your spouse do not meet the requirements to file for divorce based upon abandonment or living apart, other options are available to continue with your divorce. As a no-fault state, a spouse can simply cite insupportability or irreconcilable differences as justification on the divorce petition. A skilled divorce lawyer can review the specifics of your case and advise you on the options available to proceed with your divorce in Sugar Land, Texas.
Skillern Firm family law attorneys have extensive experience supporting residents of Sugar Land through the divorce process and securing a successful outcome for our clients and their families. Our skilled team has the knowledge, resources, and experience within the Sugar Land divorce system to help you to secure the results you want from your divorce.
Although some types of divorce have minimum separation requirements, there are several avenues available for divorce that do not. If you are looking to start divorce proceedings, Skillern Firm can help you find a suitable strategy for your circumstances.
Call 936-213-8479 today to discuss how you can proceed with your divorce with an experienced Sugar Land divorce attorney.
Divorce Requirements In Sugar Land, TX
Texas divorce law outlines requirements that anyone looking to file for divorce in the state and Sugar Land must meet. The main barrier that couples may come up against when filing for divorce in Texas is the residency requirements. However, it is possible for a spouse that does not reside in Texas to file a divorce in the state, provided that the spouse they are filing against meets the Texas residency requirements.
The State of Texas has strict residency requirements to file for divorce in the state. An individual must be a domiciliary of Texas for at least six months before filing, meaning they must reside primarily in Texas. There are also residency requirements to file in Texas counties. To be eligible to file for divorce in Sugar Land, the individual must have been a resident in the county for at least 90 days before they file the petition.
The simple answer to “are there separation requirements for divorce in Sugar Land TX” is no, unless you are looking to file a divorce specifically based upon grounds involving separation.
The State of Texas does not outline minimum separation requirements to be able to file for a divorce. Provided that at least one spouse meets the residency requirements to file for divorce in Sugar Land, including both state and county criteria, there are no separation requirements.
Although, if you are looking to file for no-fault divorce because you and your spouse have been living apart, you are required to have lived separately for at least three years to file under these grounds.
Similarly, either spouse may file for an at-fault divorce based upon the grounds of abandonment if the other spouse left the marital home with the intention of abandoning them, and remained away for at least one year.
Types Of Divorce In Sugar Land, Texas
Texas is a no-fault divorce state. Unlike some no-fault states, Texas divorce law allows couples to divorce based on either fault or no-fault grounds. In total, there are seven possible grounds for divorce in Sugar Land. Each justification requires a different level of proof and supporting evidence and can result in varying outcomes from the divorce process.
Texas law does not recognize legal separation. As such, you are considered married in the eyes of the law until your divorce is completed in family law court. To better understand the divorce options available to you, seek advice from a divorce attorney.
As Texas is a no-fault state, it is not required to prove that either spouse’s wrongdoing is responsible for the breakdown of the marriage. When filing for divorce, a spouse can cite insupportability, sometimes referred to as irreconcilable differences, as grounds for divorce. Insupportability is the most common justification for a couple to file for divorce in Texas.
The three no-fault-based grounds for divorce in Sugar Land are:
- Living apart
- Confinement to a mental hospital
In an at-fault divorce, one spouse must prove that the other spouse’s behavior or wrongdoing is the reason that the marriage broke down. Pursuing a fault-based divorce can be more challenging, as the alleging spouse must support their claim with evidence and a compelling argument. Often the other spouse will contest allegations, as a finding of fault can impact the final divorce settlement.
The four fault-based grounds for an at-fault divorce in Sugar Land are:
- Felony conviction
What happens if my ex and I can’t agree in divorce proceedings?
Once you have filed the divorce petition, your spouse will have the opportunity to respond to the papers. They may choose to agree, contest, or ignore the divorce papers. During the divorce process, you and your spouse will need to agree upon terms that outline many elements, including community property division, child custody arrangements, and spousal support. The final terms, once agreed by a couple or a Judge, are outlined in the divorce decree when the legal process is complete.
In some situations, an ex may disagree with the divorce but choose to ignore the legal papers they are served with and not respond to the court. If your spouse does not respond within 20 days, you may be able to obtain a divorce by default judgment. You must wait for the mandatory 60-day divorce waiting period and schedule a hearing for a default judgment. If no response is received, a Judge may grant a divorce by default. However, your spouse can file a response to the divorce papers at any point before your divorce is complete.
A contested divorce can arise if your spouse contests either the grounds cited for divorce or the proposed divorce terms.
Contested divorces are somewhat commonplace in Sugar Land. However, every contested divorce is complex and increases the likelihood of animosity and tension between spouses. When a divorcing couple can’t agree, likely at least one party will not achieve their desired divorce terms. In such cases, experienced legal counsel is essential to protect yourself from aggressive negotiations and potential allegations and secure the best possible outcome for you and your family.
My spouse left the family home. Is this grounds for a fault-based divorce?
You may wish to file for a fault-based divorce based on the grounds of abandonment because, if successful, this can impact the final divorce settlement, including child custody arrangements and the division of marital property.
Abandonment is one of four fault-based grounds for divorce in Sugar Land. For a successful divorce on the grounds of abandonment, you must prove that your spouse left you with the intention to leave permanently or abandon you. The spouse must also have been away from you and the home for at least one year for an abandonment argument to be valid.
Proving the intention to abandon is a vital element of a successful abandonment fault-based divorce, but this can be challenging to achieve in court. Legal representation from an experienced divorce lawyer will help you put forward a compelling and well-evidenced argument in court to achieve the desired outcome.
Contact Skillern Firm Family Law Attorneys Today
The unfortunate nature of divorces is that they often cause significant friction between parties as spouses contest each other’s claims and divorce terms. When tensions run high, a skilled divorce attorney is crucial to shield you from allegations and aggressive negations and fight for your best interests.
The experienced divorce lawyers at Skillern Firm can help you review the potential divorce options available to you in your circumstances and decide the best route for you. Once the divorce petition is filed, you can rest assured that your Skillern Firm attorney will protect your rights and advocate for the interests of you and your family throughout the process.
Our team has what it takes to achieve the best possible outcome for our clients in their divorce cases.
To secure expert legal counsel for your divorce, contact Skillern Firm at 936-213-8479 to discuss your case.