What are the grounds and residency requirements to file for an uncontested or "no-fault" divorce in Texas?

  1. At least one of the parties has maintained residency in Texas for at least the previous 6 months, is a resident of the county of filing, and has maintained residency in that county for at least the 90 days prior to filing.
  2. The parties agree on all details, or at least make no objections.
  3. A Marital Settlement Agreement (MSA) signed by both parties and filed in court may be used in any divorce, and is recommended in situations involving minor children, child support, alimony, or division of marital property.
  4. If the spouse of the Petitioner (the Respondent) is actively serving in the military, his or her current address must be known and provided to the court. Additionally, the Respondent must be willing to sign a Waiver of Citation.
  5. If the Petitioner is actively serving in the military, he/she is aware that additional procedures, documents and instructions may be required that may not be addressed in the included documents and instructions. He/she may wish to inquire with a court clerk or appropriate military personnel.
  6. The wife is not pregnant. (Many counties in Texas will not permit a divorce action to be completed if the wife is pregnant.)
  7. The wife did not have children with another man while married to the husband.

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