Filing for Divorce in Brownsville

If you're filing for divorce in Brownsville, Texas, you have two choices as far as the type of divorce to pursue: fault and no-fault. No-fault divorces tend to be easier to file than fault divorces, but can take longer. In addition, spouses cannot stop no-fault divorce proceedings. Texas has specific divorce laws and options that you should be aware of before you file.

Residency Requirements

If filing for divorce outside of your county, you will need to be a Texas resident for six months. If you are filing for divorce inside of your county, you will need to be a county resident for 90 days.

Grounds for Divorce

You must also have grounds for divorce in Texas. If you're filing a fault divorce, these grounds are quite specific: insupportability, cruelty, adultery, conviction of felony, abandonment, living apart, and confinement in mental hospital. If you're filing for a no-fault divorce there are two grounds for divorce: insupportability and living apart without cohabitation for a three year period. Insupportability means "the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."

Divorce Petition

Once you've determined the type of divorce and its grounds, you will then need to file an "original petition for divorce" with the county clerk and then serve a copy to your spouse.

Negotiating the Terms of the Divorce

Up to this point, the Brownsville divorce process is a simple matter of choosing fault or no-fault, determining the grounds for divorce, and filing out papers. Now, it gets tricky. Negotiating the terms of the divorce involves dividing assets and debt, agreeing upon child custody, determining child support and alimony payments, and more. This process is emotional and often requires legal expertise.

Going to Divorce Court

Eventually, your court date will arrive. If your negotiations have gone well, divorce court is a formality involving filling out papers and having them finalized by the judge. If not, you may need to spend a great deal of time in court to reach an agreement.

Give yourself the advantage you deserve by retaining a Brownsville divorce attorney. Contact us today for a free consultation.