Divorce Attorney in New Braunfels, Texas

Getting divorced is never easy. In fact, for the vast majority of people, a divorce is one of the most stressful and emotional events in life, especially when it involves minor children and/or high-value assets. As a compassionate family law attorney with decades of experience, I handle both contested and uncontested divorce cases in New Braunfels and other communities throughout Texas.

At the Law Office of Marco Sanchez, P.C., my goal is to help clients protect their rights when going through the divorce process. If you are dealing with a great deal of stress and uncertainty, consider speaking with a divorce attorney to help you navigate the process of ending a marriage in Texas.

Eligibility to File for Divorce in Texas

In order to be eligible to file for divorce in Texas, at least one spouse must be able to demonstrate proof that they have resided in the State of Texas for no less than six months before filing a petition for divorce. Unlike many other states, Texas does not have a separation requirement when filing for divorce. In other words, there is no requirement to live separately and apart from your spouse to file for divorce.

Under Texas Family Code § 6.301, you can file a petition for divorce if you have lived in Texas for at least 180 days (six months) and in the county where you are filing for at least 90 days.

Grounds for Divorce

Texas is a hybrid at-fault and no-fault divorce state. This means that spouses can choose either fault or no-fault grounds when filing for divorce. In most cases, spouses in Texas file for divorce on the grounds of incompatibility or irreconcilable differences.

However, if one spouse is at fault for causing the marriage to fall apart, the other spouse can seek a divorce on the fault grounds. Chapter 6, Subchapter A of the Texas Family Code recognizes the following grounds for a fault divorce:

  • Adultery
  • Cruelty
  • Abandonment
  • Felony conviction
  • Confinement in a mental hospital

Contested vs. Uncontested Divorce

Texas Family Code recognizes two types of divorce:

Contested divorce.

Spouses must file for a contested divorce when they cannot agree on the terms of the divorce.

Uncontested divorce.

Spouses qualify to file for an uncontested divorce when they agree on the division of property and debt, they do not share minor children, there is no pending bankruptcy case, and neither spouse is seeking alimony.

The Waiting Period for Texas Divorce

Under Texas Family Code § 6.702, Texas courts cannot grant a divorce until at least 60 days have passed since the date of filing the petition for divorce. The only exceptions to the waiting period are:

  • One spouse has been convicted of a crime involving family violence or received deferred adjudication for such a crime.
  • One spouse has an active protective order against the other spouse due to family violence.
  • A divorce is finalized when the judge signs the divorce decree.

How Long Will a Divorce Take in Texas?

Because of the mandatory waiting period in Texas, you cannot finalize your divorce before the 61st day after filing for divorce. However, in most cases, divorce cases take much longer than that. Typically, divorce proceedings range from four months to more than a year. The more disputed issues the spouses have, the longer it will take to finalize the divorce.