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Barbara L. Jouette, Attorney, P.C.
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Legal specifics of divorce in Texas

Many people have a slightly skewed or outright incorrect view of divorce in the eyes of the law and how the legalities can affect divorce proceedings. Some people are of the opinion that divorce is as simple as marriage, with both parties simply having to sign some documents and then go their separate ways. However, it is far more difficult to separate two lives than it is to join them, which is why there are important laws surrounding divorce that couples should know about.

Because the requirements for divorce are regulated at the state level, couples should be aware of the specific laws in their own state. Texas residents may be surprised to know that there is a 60 day waiting period that starts when the divorce suit is filed. Texas also recognizes "No Fault" divorces, in which neither party is particularly at fault in the divorce, but the couple simply wishes to separate. In order for a "No Fault" divorce to have solid grounds, however, both parties must agree that the marriage is insupportable, or both parties must have been living separately for three years or more.

Of course, there are grounds for divorce in which one party could allege fault on the other party. Such grounds include adultery or violence committed by one spouse, or abandonment by one spouse for a period of one year or more.

In addition to the legal requirements for divorce, there are also many precedents and factors that can add to the complexity of the process. This is why it is highly advisable for couples divorcing in Texas to seek the aid of an attorney to help them with their case. Legal counseling can help you prove your side of the story in a divorce, not only helping you receive the divorce you desire but also ensuring that your divorce is smooth and fair.

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