DIVORCE LAW AND PROCEDURE - TEXAS
DIVORCE LAW GROUNDS
The court may grant a divorce in a proceeding for dissolution of marriage as per the state laws are as follows:
- No fault means without regard to fault if 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.
- If the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
- If the other spouse has committed adultery
- if during the marriage the other spouse:_______________________
- has been convicted of a felony;
- has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state;_ and
- if the other spouse:___________
- left the complaining spouse with the intention of abandonment; and
- remained away for at least one year.____________________________________
- if the spouses have lived apart without cohabitation for at least three years.
- if at the time the suit is filed:
- the other spouse has been confined in a state mental hospital or private mental hospital in this state or another state for at least three years;- and
- it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
ANNULMENT OF MARRIAGE
The court may pass a decree for annulment of marriage in the case a party to a marriage is under aged in the following conditions:
- The court may grant an annulment of a licensed marriage of a person under 14 years of age unless a court order has been obtained
- A petition for annulment under this section may be filed by a next friend for the benefit of a person under 14 years of age or on the petition of the parent or the judicially designated managing conservator or guardian, whether an individual, authorized agency, or court, of the person.
- A suit by a parent, managing conservator, or guardian of the person may be brought at any time before the person is 14 years of age.
- A suit to annul the marriage of a person 14 years of age or older that was entered into before the person was 14 years of age is barred unless the suit is filed within the later of:
- 90 days after the date the petitioner knew or should have known of the marriage;_ or
- __90 days after the date of the 14th birthday of the underage party.____
- If at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage.
- If the marriage is conducted by fraud, duress, or exercising force.
- Mental Incapacity
- Concealed Divorce
- Marriage less than 72 hours (waiting period)after issuance of License
- Death of party to voidable marriage
Jurisdiction to Annul Marriage
- A suit for annulment of a marriage may be maintained in this state only if the parties were married in this state or if either party is domiciled in this state.
- A suit for annulment is a suit in rem, affecting the status of the parties to the marriage.
VOID MARRIAGE LAW TEXAS
- A marriage is void if one party to the marriage is related to the other as:
- an ancestor or descendant, by blood or adoption;
- a brother or sister, of the whole or half blood or by adoption;
- a parent's brother or sister, of the whole or half blood or by adoption;- or
- a son or daughter of a brother or sister, of the whole or half blood or by adoption.
- Marriage during existence of prior marriage
- Same-sex marriage or civil union are void
- In this section, "civil union" means any relationship status other than marriage that:
- is intended as an alternative to marriage or applies primarily to cohabitating persons;_ and
- grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.
- A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.
- The state or an agency or political subdivision of the state may not give effect to:
- public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction;- or
- right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.
Jurisdiction to Declare Marriage Void
- Either party to a marriage made void may sue to have the marriage declared void, or the court may declare the marriage void in a collateral proceeding.
The court may declare a marriage void only if:_______________________________
- the purported marriage was contracted in this state;_ or______________________________________
- either party is domiciled in this state.________________________________
- A suit to have a marriage declared void is a suit in rem, affecting the status of the parties to the purported marriage.
- A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:_______________________
- a domiciliary of this state for the preceding six-month period;_ and
- a resident of the county in which the suit is filed for the preceding 90-day period.
SUIT FOR DIVORCE BY NONRESIDENT SPOUSE
- If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
- A divorce may not be granted by the court before the 60th day after the date the suit was filed.
- A waiting period is not required before a court may grant an annulment or declare a marriage void.
- The party to a divorce may marry a third party before the 31st day after the date the divorce is decreed; but for a good cause shown to the court, the waiting period may be waived.
- However, the former spouses may marry each other at any time._____________________