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Am I Eligible To Get Divorced?

Updated: Nov 22, 2022

Thinking about divorce but not sure if you are eligible? Each state has slightly different qualifications to file for divorce. Texas is no different with its own set of rules as to what qualifies as marriage and if you need a divorce or annulment.


The state of Texas follows the 6-month/90 day rule. Meaning you have lived in the state of Texas for at least six months and you have officially resided in your county for at least 90 days.


If you or your spouse are living elsewhere as a requirement of serving in the US Armed Forces, and the serving spouse still lists official residency in Texas, this can count towards the 6-month/90 day rule.


If your spouse lives in Texas but you do not, and your spouse meets the 6-month/90 day requirement, you will meet the 6-month/90 day rule in Texas.


The other requirement is that you list a reason for the divorce. This can be as simple as not getting along (irreconcilable differences), cruelty, adultery, abandonment for at least one year, living apart for at least three years, one of you has been convicted of a felony, or one of you has been confined to a mental hospital.


If the divorce is for irreconcilable difference, the divorce is normally considered a No-Fault divorce. Any other reason mentioned would make the divorce an At-Fault divorce which could factor into judgments if temporary orders are required or if the divorce requires a trial.


The only other consideration is whether you or your spouse is pregnant. If that is the case you will be able to file for divorce, but you will not be able to finalize the divorce until after the child is born.


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