An important step in any divorce is determining where you can file your divorce petition. Every state has strict requirements detailing whether someone is considered a resident for the purposes of filing for divorce. Having children can change your eligibility in one state or another, and some people may even have more than one option for filing. If you live in Texas - especially if you have recently moved here from another state - it is important to understand residency requirements so you know where to file for divorce. 

Texas Divorce Residency Requirements 

Texas requires people wanting to file for divorce to have lived in the state of Texas for at least six months immediately preceding filing the divorce petition. Further, residents who meet this requirement must have lived in the county in which they want to file for divorce for at least 90 days. If your spouse has lived in Texas for at least six months, you can file for divorce in Texas even if you do not live here. 

If you are a Texas resident but have been out of state for travel related to public service, such as members of the U.S. Armed Forces or government employees, or are a spouse of someone who has had to travel out of state for public service, you are still considered a resident of Texas in the same county in which you lived prior to your public service travel. 

Domestic violence is a serious problem in Texas. Around 200,000 incidents of family violence are reported every year, but the estimates of incidents that are not reported are much higher and experts suggest one in three Texans will suffer from domestic violence in their lives. Texas has strong laws to protect victims of domestic violence, but for these laws to be helpful, victims must come forward to hold an abuser responsible. While this is not easy, an experienced Texas domestic violence attorney can help. 

How Can I Get an Order of Protection in Texas? 

While it may feel deeply unfair and frightening, the burden of proof falls on victims of domestic violence. If you make a claim that your partner or ex is abusing you, you need to support this claim with evidence. There are three types of protective orders available in Texas; two of them must be applied for and supported with evidence. The third is issued by a criminal court after an abuser has already been arrested. These protective orders are: 

• Temporary ex parte protective orders - “Ex parte” is a Latin term meaning “one side only.” Temporary ex parte protective orders can be obtained when a victim presents a court with evidence that an abuser is putting a victim or a family member, including children, in clear danger of family violence. A judge will issue a temporary ex parte order and it usually lasts around 20 days. 

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People who have never been in an abusive relationship often wonder why a victim of domestic abuse does not simply leave. After all, it is easy to judge when someone does not have access to the full picture of a relationship. An abusive spouse may have times when he is charming or supportive or apologetic and repentant, making it difficult to walk away. Other times, an abusive spouse may keep a partner around through manipulation or threats of violence. 

Whatever the case, leaving an abusive relationship is clearly not easy, or everyone would do it. Nevertheless, doing so is important–especially if you have young children–and moreover, it is possible. There are resources available to victims of domestic violence to help them get divorced safely while protecting their family. A Texas divorce attorney can help you explore your options and create a plan for leaving. 

Resources for Leaving an Abusive Spouse

Texas has a number of resources to make it possible for victims of domestic violence to escape. From residential shelters to counseling services, these services can help women get on their feet and start an independent life away from their abuser. 

So you have decided to get a Texas divorce - but what comes next? How do you find the right information, negotiate a fair divorce decree, and make sure all your forms are submitted to the right place without any mistakes? Fortunately, you do not have to do all this work alone - divorce attorneys can make the process much easier. But finding and choosing a great divorce attorney can sometimes feel like yet another chore. Here are a few things to look for in your divorce attorney before signing a representation agreement. 

Problem-Solving Mindset

Some divorce attorneys will tell you right away that certain things cannot be done. Instead, go with a divorce attorney who is willing to tackle issues from many angles and pursue unconventional approaches to get results. An attorney should consider possible solutions while taking your preferences seriously. At the same time, a great attorney will be honest and let you know what is or is not legal or practical. 

Adaptability

While you may not intend to go to court, your divorce may take you in surprising directions. A good divorce attorney is flexible and willing to demonstrate competence in a range of approaches, from mediation to litigation. Thinking fast and responding to challenging surprises will serve your cause well as you navigate potentially tricky issues like child custody and asset division. 

Making the decision to get a divorce is one of the hardest things you may ever do. Even if you have not made up your mind yet and are still wondering whether divorce is right for you, it is wise to be prepared so you know what to expect in case you decide to move forward. Filing for divorce in Texas is fairly straightforward; actually negotiating the terms of a divorce can be substantially more difficult. In this blog, we will discuss how to file for divorce in Texas and discuss the benefits of having an attorney to help guide you through the divorce process. 

Where Do I File For Divorce in Texas? 

Once you decide you are ready to move forward with the process, you need to fill out the Original Petition for Divorce. You are the petitioner, and your spouse is the respondent. If you need help paying for your divorce, fill out the Affidavit of Indigency as well. Take these forms, as well as a Civil Case Information Sheet, to your local courthouse and turn them in to the clerk. The fee for filing for divorce with children in Tarrant Count is $401. 

Whether you file for a contested or uncontested divorce depends on whether you and your spouse can agree on how to handle mandatory issues without help from the court. These include: