STATE OF TEXAS RESIDENCY REQUIREMENTS:
Either spouse must be a resident for at least six months and resided in the county where the petition is filed for at least 90 days. The divorce petition is filed with the District Court of the county where either party lives. [Based on Texas Statutes; Family Code, Chapter 6.301].
LEGAL GROUNDS FOR DIVORCE:
On the petition of either party to a marriage, the court may grant a divorce without regard to fault on the basis of irreconcilable differences. A divorce may also be granted on the following fault basis: (1) Cruelty, (2) Adultery, (3) Conviction of a felony, (4) Abandonment, (5) Confinement in a mental hospital, (6) Living apart without cohabitation for at least 3 years. [Based on Texas Statutes; Family Code, Chapter 6.001 through 6.007]
Texas does not have specific provisions for a legal separation, but allows for temporary orders to be filed at the time the divorce is filed.In cases where the parties have filed for a divorce or annulment, the spouses may enter into a written agreement concerning the division of the property and the liabilities of the spouses and maintenance of either spouse. This agreement may be revised or rejected before rendition of the divorce or annulment unless the agreement is binding under another rule of law. [Based on Texas Statutes; Family Code, Chapter 7.006]
SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES:
On written agreement of the parties, the court may refer a suit for dissolution of a marriage to arbitration (the agreement must state whether the arbitration is binding or nonbinding), mediation, or conducted under collaborative law procedures.
On the written agreement of the parties or on the court's own motion, the court may refer a suit for dissolution of a marriage to mediation. [Based on Texas Statutes; Family Code, Chapter 6.601, 6.602, 6.603].