Divorces & Family Law

Divorce lawyers in Brownsville, TX

To file for divorce in Texas, either spouse must have been a resident of the state for at least six months prior to filing and must have resided in the county where the Petition is filed for the prior 90 days.

For the court to exercise personal jurisdiction over a non-resident Respondent, the couple’s last marital residence must have been in Texas, and the suit must be filed before the second anniversary of the date on which marital residence ended.

If one spouse has resided in Texas for the past six months and the other spouse lives in a different state or country, the spouse residing outside of Texas is permitted to file for divorce in the county in which the other spouse lives.

The Petition for Divorce may be filed with the District Court of the county where either party lives. The Petitioner must give legal notice to the Respondent, other spouses.

If the Respondent does not file an Answer within 21 days from being officially served, the case is default and it may be possible to finish the divorce process without the Respondent.

There is usually a 60-day waiting period from the date the Petition is filed before a judge will grant a final divorce decree. The waiting period is not required if the court finds that the Respondent has been convicted of domestic violence offense against the Petitioner or a member of the Petitioner’s household, or if the Petitioner has an active protection order or an active magistrate’s order for emergency protection against the Respondent due to domestic violence committed during the marriage.

Neither party to a divorce may marry again, except each other, before the 31st day after the divorce is decreed, unless good cause is shown to the court.

A divorce may be granted for any of the following grounds:

  • 1 Adultery;
  • 2 Abandonment for at least one year;
  • 3 Cruelty by one spouse towards the other of a nature that renders living together unsupportable;
  • 4 If the couple have lived apart without cohabitation for at least three years;
  • 5 If the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation;
  • 6 The commitment of a felony by one spouse, who has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, and who has not been pardoned (This does not apply if the spouse was convicted on the testimony of the other spouse); and
  • 7 If, at the time the suit is filed, one of the spouses has been confined in a state mental hospital or private mental hospital in Texas or any other state for at least three years and it appears that the mental disorder is of such a degree and nature that adjustment is unlikely, or if an adjustment occurs, a relapse is probable.
The Law Office of Edna Herrera Dinsdale

The Law Office of Edna Herrera Dinsdale knows divorce can change your life and the lives of your children, so if you or a loved one is considering filing for a divorce please call us today for a FREE CONSULTATION.

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Your future is too important to trust any other lawyer

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