Uncontested Divorce With Children

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Uncontested Divorce With Children

**Note**You can file for divorce if you or your spouse has lived: Call 888-222-7504 for information about the State in which you live.

in State (rules vary by state) for at least the last 6 months, and

in the county where you file for divorce for at least the last 90 days.

See Texas Family Code Section 6.301.

Note for military families: If you are serving in the military or another government service outside of Texas you may still file for divorce in Texas if:

The home state of either you or your spouse for at least 6 months and the county where you plan to file the divorce has been the home county of either spouse for at least 90 days.

The same rule applies if you accompanied your spouse who is serving in the military or another government service outside of your state. If Texas is your home state, time spent outside of Texas with your military spouse counts as time spent in Texas.

See Texas Family Code Section 6.303

Note for military families with children: Talk to a lawyer if you and your spouse have children together and your children have lived in another state or country for the last 6 months. A Texas court may not have jurisdiction to make orders about your children.

What if my spouse doesn’t live in Texas?

As long as you meet the residency requirements for divorce, you can get divorced in Texas even if your spouse lives in another state.

**Note** The court must have personal jurisdiction over your out-of-state spouse to include orders in your divorce that impose a personal obligation on your spouse — such as ordering your spouse to pay a debt or pay child support.

The Original Petition for Divorce form includes a list of situations that give the Court personal jurisdiction over an out-of-state spouse. Check any that apply to your case. Talk to a lawyer if none apply or you have questions about personal jurisdiction.

How long will my divorce take?

In almost all cases, you must wait at least 60 days before you can finish your divorce.

When counting the 60 days, find the day you filed your Original Petition for Divorce on a calendar, and then count out 60 more days (including weekends and holidays). If the 60th day falls on a weekend or holiday, go to the next business day.

Note: When counting the 60 day waiting period, don’t count the day you filed your Original Petition for Divorce. Day 1 is the next day.

There are only two exceptions to the 60-day waiting period.

If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60-day waiting period is waived.

If you have an active protective order or an active magistrate’s order for emergency protection against your spouse because of family violence during your marriage, the 60-day waiting period is waived.

You can always wait longer than 60 days, but your divorce cannot be finished in fewer than 60 days unless one of these exceptions applies

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This website only contains general legal information and does not contain legal advice. Zariah A'londra Tax and Legal Services is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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