Are There Separation Requirements For Divorce In Sugar Land TX

Separation Requirements

The simple answer to “are there separation requirements for divorce in Sugar Land TX” is no, unless you are looking to file a divorce specifically based upon grounds involving separation.

The State of Texas does not outline minimum separation requirements to be able to file for a divorce. Provided that at least one spouse meets the residency requirements to file for divorce in Sugar Land, including both state and county criteria, there are no separation requirements.

Although, if you are looking to file for no-fault divorce because you and your spouse have been living apart, you are required to have lived separately for at least three years to file under these grounds.

Similarly, either spouse may file for an at-fault divorce based upon the grounds of abandonment if the other spouse left the marital home with the intention of abandoning them, and remained away for at least one year.

Types Of Divorce In Sugar Land, Texas

Texas is a no-fault divorce state. Unlike some no-fault states, Texas divorce law allows couples to divorce based on either fault or no-fault grounds. In total, there are seven possible grounds for divorce in Sugar Land. Each justification requires a different level of proof and supporting evidence and can result in varying outcomes from the divorce process.

Texas law does not recognize legal separation. As such, you are considered married in the eyes of the law until your divorce is completed in family law court. To better understand the divorce options available to you, seek advice from a divorce attorney.

No-fault Divorce

As Texas is a no-fault state, it is not required to prove that either spouse’s wrongdoing is responsible for the breakdown of the marriage. When filing for divorce, a spouse can cite insupportability, sometimes referred to as irreconcilable differences, as grounds for divorce. Insupportability is the most common justification for a couple to file for divorce in Texas.

The three no-fault-based grounds for divorce in Sugar Land are:

• Insupportability
• Living apart
• Confinement to a mental hospital

Fault-based Divorce

In an at-fault divorce, one spouse must prove that the other spouse’s behavior or wrongdoing is the reason that the marriage broke down. Pursuing a fault-based divorce can be more challenging, as the alleging spouse must support their claim with evidence and a compelling argument. Often the other spouse will contest allegations, as a finding of fault can impact the final divorce settlement.

The four fault-based grounds for an at-fault divorce in Sugar Land are:

What happens if my ex and I can’t agree in divorce proceedings?

Once you have filed the divorce petition, your spouse will have the opportunity to respond to the papers. They may choose to agree, contest, or ignore the divorce papers. During the divorce process, you and your spouse will need to agree upon terms that outline many elements, including community property division, child custody arrangements, and spousal support. The final terms, once agreed by a couple or a Judge, are outlined in the divorce decree when the legal process is complete.

In some situations, an ex may disagree with the divorce but choose to ignore the legal papers they are served with and not respond to the court. If your spouse does not respond within 20 days, you may be able to obtain a divorce by default judgment. You must wait for the mandatory 60-day divorce waiting period and schedule a hearing for a default judgment. If no response is received, a Judge may grant a divorce by default. However, your spouse can file a response to the divorce papers at any point before your divorce is complete.

A contested divorce can arise if your spouse contests either the grounds cited for divorce or the proposed divorce terms.

Contested divorces are somewhat commonplace in Sugar Land. However, every contested divorce is complex and increases the likelihood of animosity and tension between spouses. When a divorcing couple can’t agree, likely at least one party will not achieve their desired divorce terms. In such cases, experienced legal counsel is essential to protect yourself from aggressive negotiations and potential allegations and secure the best possible outcome for you and your family.

My spouse left the family home. Is this grounds for a fault-based divorce?

You may wish to file for a fault-based divorce based on the grounds of abandonment because, if successful, this can impact the final divorce settlement, including child custody arrangements and the division of marital property.

Abandonment is one of four fault-based grounds for divorce in Sugar Land. For a successful divorce on the grounds of abandonment, you must prove that your spouse left you with the intention to leave permanently or abandon you. The spouse must also have been away from you and the home for at least one year for an abandonment argument to be valid.

Proving the intention to abandon is a vital element of a successful abandonment fault-based divorce, but this can be challenging to achieve in court. Legal representation from an experienced divorce lawyer will help you put forward a compelling and well-evidenced argument in court to achieve the desired outcome.