San Antonio Divorce Lawyers

Texas Divorce Statistics

The divorce rate in Texas is actually lower than the national average. It has fallen steadily since 1981, with the exception of a spike in divorces in the early 1990s. If you are going through a divorce, it probably does not help to know that the rate of divorce is falling. However, there are still tens of thousands of new divorcées each year in Texas.

We want to share these statistics to help you realize that you are not alone in this process. In fact, you are in good company, even if divorce feels alienating at times.

According to the U.S. Centers for Disease Control and Prevention (CDC):

• There were 1.4 divorces per 1,000 Texas residents in 2021
• Texas also had the third-lowest divorce rate in the U.S. that year
• Still, given the state’s population, roughly 42,000 people got divorced that year alone

When it comes down to it, marriages dissolve for a number of valid reasons. A knowledgeable San Antonio divorce attorney from Higdon, Hardy & Zuflacht, L.L.P. can give you the individualized attention you need to get your affairs in order. We will give you personal attention because we realize you are more than a statistic.

Types of Divorces

When people think of divorce, they often have an image of a courtroom with angry people on both sides engaged in a battle for everything from the kids to the yacht. Thankfully, this illusion is not the actual reality for the majority of divorces, even if the case goes to trial. With that being said, divorces do have a tendency to get heated and out of control. If you and your spouse are willing to avoid that, there are options available to you that could end up being less expensive and emotional. Texas is considered a mixed state, meaning it is possible to file a fault or no fault divorce, depending on your circumstances. In a fault divorce, you must have grounds for terminating the marriage, which tends to make proceedings more hostile. Keep reading to find out more about the types of divorces in Texas.

Fault Divorces

If you choose to file a fault divorce, you are assigning blame to your partner in order to exit the marriage. The primary reason people choose to file for a fault divorce is to earn a greater share of the property or alimony available in their case. To file for a fault divorce, you must claim one of the following six grounds for ending your marriage:

• Adultery: Otherwise known as cheating, adultery occurs when your spouse has an extramarital affair.
• Cruelty: This is the most common ground for divorce. It occurs when a person inflicts unnecessary physical or emotional pain on their spouse.
• Felony conviction: If your spouse is convicted of a felony and imprisoned for a year or longer, it is grounds for divorce.
• Abandonment: This occurs when your spouse leaves with the intent of abandoning you and is absent for a year or longer.
• Living apart: If you and your spouse live apart or fail to cohabitate for at least three years, a divorce is possible.
• Mental hospital: If your spouse is in a mental hospital for three years or more and it is improbable their mental disorder will improve, you can file for divorce on these grounds.

Many of these factors will also influence the amount of alimony and property the spouse filing for divorce will receive. For example, the court can refuse to grant a spouse alimony if they committed adultery during the marriage.

No Fault Divorces

In Texas, it is possible to file for a no fault divorce. Doing so indicates that your divorce does not fall under the categories previously mentioned, but results from disagreement or conflict that can no longer be resolved. It is common to hear individuals cite irreconcilable differences when they file for a no fault divorce. If your divorce is no fault and potentially amicable, it is possible to use an alternative dispute resolution approach to your divorce. Our attorneys can help you through mediation or a collaborative divorce, both of which tend to be nicer, more communicative, and less expensive than traditional divorce methods.

The Seven Statutory Grounds for Divorce in Texas

In Texas, there are seven basic statutory grounds for divorce, six of which require you to find fault in your spouse if you are the one filing for divorce. Insupportability, the seventh, is a “no-fault” grounds for divorce, which is the most commonly cited grounds in most cases.

In Texas, the seven statutory grounds for divorce are:

1. Personality conflicts or other discord makes the marriage insupportable between the two individuals and there is "no reasonable expectation of reconciliation."
2. Cruelty on the part of one spouse makes living together impossible
3. Adultery
4. A felony conviction results in the imprisonment of one spouse for a year in any of the following: the Texas Department of Criminal Justice, another state's penitentiary, or a federal penitentiary
5. Abandonment for at least one year
6. The couple has been separated and has not lived together for at least three years
7. No-fault

You may be asking yourself: If no-fault is the most commonly-cited grounds for divorce, why would anyone choose to cite the other grounds, especially if it places the blame on the other party? Well, some individuals want to place the fault on their spouse because if the court agrees with the grounds, a more significant share of the property may be awarded to the person who is not at fault.

Filing For Divorce

To file for divorce in Texas, either you or your spouse must meet the State of Texas' residency requirements, as well as the residency requirements of the county in which you file for divorce. There are two components to residency in Texas, which include:

• One person must have been a resident of the state for six months before the divorce filing
• The individual who files the forms for divorce must have been a resident of that county for ninety days before submitting

If you are living out of state but want to file for a Texas divorce, the process might be slightly more complicated. Non-Texas residents who wish to file for divorce may do so by mail, but they need to check to see if the county in which they plan to file accepts divorce paperwork by mail. Certain counties require individuals to file the paperwork in person, so you may be forced to travel to the county to file your divorce papers. Texas also requires the filing party to be present at a hearing in court, so you should plan to return to the county for that as well. Because of these requirements, most people choose to file in the state and county in which they currently reside.

If you have been living in the county for at least 90 days, you can file a divorce petition with the District Court clerk's office in the county. For your convenience, we have included a link to the District Courts in Texas - maps.txcourts.gov.

The person who petitions for divorce is referred to as the "petitioner," and the spouse who did not file is referred to as the "respondent" in Texas. The respondent typically has 21 days from the date that they are served with the paperwork, or else the case will go into "default." If a case is considered to be in "default" the proceedings may move on without the respondent. If you have been served with divorce papers, it is critical that you consult with an experienced divorce attorney to protect yourself and your property and ensure that your case does not end up in default. Your San Antonio divorce attorney will advise you and will help you respond to the petition and will represent you in your case.

Frequently Asked Questions

Every divorce is different, but many of them have some factors in common. When clients walk through our doors, they usually do not have a good idea of how the divorce process works. We have provided the answers to some of the most common questions we receive, and we encourage you to browse our website for more helpful resources regarding divorce and family law.