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Texas is a “no-fault” state. The Texas Family Code does not require that a party allege and prove statutory fault allegations in order to obtain a divorce. In most divorces the “no fault” grounds are alleged, which states that the marriage has become insupportable due to conflicts of the parties and that there is no chance of reconciliation.



Marlene Dancer Adams

~Divorce - Family Law - Mediation~

Additionally, the Texas Family Code does not recognize the concept of “legal separation” as do some other states. In Texas, temporary orders are used to effectuate a separation. Temporary orders are effective during the pendency of the divorce and generally cover who lives in the home, which parent will reside with the children during the pendency of the divorce [referred to as the temporary primary joint managing conservator or sole managing conservator], the amount of time that the children will spend with the non-custodial parent, child support, medical support, temporary use and possession of property, and injunctions for the purpose of maintaining the status quo of the parties and property until the case is resolved by agreement, trial to the Court, or in limited instances trial to a jury.


In order to be eligible to file a divorce in Texas, the Petitioner must have resided in Texas for at least six months and in the county where the divorce is filed for at least 90 days.

The divorce is initiated by the filing of an Original Petition for Divorce, which contains that party’s requests for relief: the grounds for the divorce (no fault and fault grounds, if any), the relief requested regarding the children, requests for the division of the marital estate, division of the marital debt, requests for court ordered maintenance if a party lacks sufficient property to provide for his/her minimum reasonable needs.

Request for Temporary Orders and Mediation – Temporary Orders are generally requested at the time the divorce is filed. Most courts require that the parties attend mediation in an attempt to resolve the temporary issues without the assistance of the Court.

Discovery - The process of gathering documents and information necessary for the issues in the case is generally referred to as “discovery”. This process can be informal but normally is accomplished by the exchange of written questions and the request for specifically identified documents.

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