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To file for divorce in Texas, either the petitioner or the respondent must have lived in Texas for at least six months and in the county where the suit is filed for at least ninety days. Owning property in Texas alone does not meet this requirement. Temporary absences from the county during the ninety-day period […]

In Texas, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. It can be proven with circumstantial evidence, but the proof must be clear and convincing. Mere suspicion or rumors are not enough. Even if adultery is proven, the court may still grant the divorce on […]

No, religious beliefs cannot prevent a divorce in Texas. The courts maintain jurisdiction over all marriages, regardless of religious views. Even if a couple believes their marriage should not be dissolved due to religious reasons, the state governs the legal aspects of marriage and can grant a divorce. The U.S. Supreme Court’s decision in Obergefell […]

In Texas, the grounds for divorce are determined at the discretion of the trial court and can be based on both no-fault and fault grounds. The three no-fault grounds include: Texas also recognizes several fault grounds for divorce, including cruelty, adultery, conviction of a felony, and abandonment. While fault grounds can influence the court’s decision […]

When an inmate requests a bench warrant to attend their divorce trial in Texas, the court evaluates several key factors to determine whether the request should be granted. These factors include: These factors are carefully weighed by the court to balance the inmate’s right to participate in their divorce case against the practical and security […]

Standing orders are a set of rules or court orders that automatically take effect when a divorce action or suit affecting the parent-child relationship is filed in Texas. These orders are designed to protect the parties involved, as well as any children, and to prevent the dissipation of marital assets during the divorce process. Standing […]

An inmate who wishes to attend their divorce trial in Texas must request a bench warrant from the court. A bench warrant is a legal document that orders the transportation of an inmate to the courtroom. However, securing a bench warrant is not guaranteed, as courts consider several factors before granting such a request. These […]

In Texas, inmates do not have an absolute right to appear personally in court for civil proceedings, including divorce trials. However, they cannot be denied access to the courts simply because they are incarcerated. According to Texas law, if an inmate cannot appear in person, the court must allow them to participate through alternative means […]

In a Texas divorce case, counterclaims can be either compulsory or permissive. A compulsory counterclaim is one that arises out of the same transaction or occurrence as the petitioner’s claim and must be brought in the current action or it will be waived. This rule is designed to prevent multiple lawsuits over the same issues, […]

Compulsory joinder in a Texas divorce case requires that certain parties be included in the lawsuit if their absence would prevent complete relief among the existing parties or if their interest in the case might lead to inconsistent obligations for the other parties. For example, if a nonparty, such as a parent who owns an […]