Texas Divorce Laws

Texas

Texas recognizes common law marriages, however, the Texas divorce laws state that same-sex couples who legally marry in other states cannot legally be divorced in Texas. Grounds for divorce include irreconcilable differences and being unable to re-unite as well as adultery, abandonment, commitment to a mental health facility for three years, a felony conviction and imprisonment for at least one year, cruel and inhuman treatment, or living separately for at least three years. Proof of any of the stipulations must be presented upon initially filing, as stated under Texas divorce laws. A person not previously a resident of this state who is serving in the armed forces of the United States and has been stationed at one or more military installations in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage. (Texas Code - Family Code - Chapters: 6.301)

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