What is the waiting period?

[Tinker Boos]

My husband and I married 6yrs. ago in Tx. we moved to No. Carolina Sept. of 1999. He has left me and our 3 children under 5yrs. of age on numerous occasions for up to 4 days at a time without transportation and food. I finally got the car and have gotten back to Tx. and am residing w/ my parents. How long do I have to be back as a resident of Tx. to be able to file for a divorce.

 

[I AM ALWAYS LIABLE]

My husband and I married 6yrs. ago in Tx. we moved to No. Carolina Sept. of 1999. He has left me and our 3 children under 5yrs. of age on numerous occasions for up to 4 days at a time without transportation and food. I finally got the car and have gotten back to Tx. and am residing w/ my parents. How long do I have to be back as a resident of Tx. to be able to file for a divorce.

My response:

If you plan to obtain a divorce from the Great State of Texas, then you need to gain residency for 6 months; however, you and your husband must be living apart from one another for 3 years prior to filing for divorce (No, that's not a misprint - - it's 3 years, baby). You might want to find another State to obtain a divorce - - one that has far less time to wait.

IAAL

 

[LadyBlu]

SUBTITLE C. DISSOLUTION OF MARRIAGE


CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE


SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES


§ 6.001. Insupportability


On the petition of either party to a marriage, the court may grant a divorce 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.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.


§ 6.002. Cruelty


The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.


§ 6.003. Adultery


The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.


§ 6.004. Conviction of Felony


(a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:


(1) has been convicted of a felony;


(2) has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and


(3) has not been pardoned.


(b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.


§ 6.005. Abandonment


The court may grant a divorce in favor of one spouse if the other spouse:


(1) left the complaining spouse with the intention of abandonment; and


(2) remained away for at least one year.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.


§ 6.006. Living Apart


The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.


§ 6.007. Confinement in Mental Hospital


The court may grant a divorce in favor of one spouse if at the time the suit is filed:


(1) the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years; and


(2) 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.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.


§ 6.008. Defenses


(a) The defenses to a suit for divorce of recrimination and adultery are abolished.


(b) Condonation is a defense to a suit for divorce only if the court finds that there is a reasonable expectation of reconciliation.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.