Citizenship and Marriage

Can a person married in Texas but residing overseas get a divorce in Texas?

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12/04/2008

Grounds for Divorce/Fault - No Fault: Texas has both no-fault and fault divorce. For more information about what that means, see The Divorce Process: From Separation to Final Judgment. Your grounds (or reasons) for wanting a divorce are set out in a document called a Petition for Divorce that you file with your District court in your county. Once the Decree of Divorce is granted (i.e. the judge approves your divorce), you will become an unmarried person again. Appropriate grounds for divorce in Texas are: 1) cruelty; 2) adultery; 3) conviction of a felony (imprisoned for at least 1 year without a pardon); 4) abandonment (for at least 1 year); 5) living apart (without cohabitation for 3 years); and/or 6) confinement in a mental hospital (for at least 3 years). Residency/Where to File for Divorce: One of the parties to the marriage must have been a resident of the state for six months and a resident of the county in which the petition is filed for 90 days preceding the filing. You will file your paperwork with the District Court of Texas in the county in which you or your ex-spouse resides. The District Clerk and his or her assistants will be managing your paperwork with the court. See Texas Divorce Resources and Statutes for information on how to contact your local District Court.