How To Prove A Texas Divorce – No Fault – Living Apart Claim
In Texas, a claim of Divorce – No Fault – Living Apart is defined as:
The spouses have lived apart without cohabitation for at least three years.
It simply means:
A couple may be eligible for divorce if they have lived apart without cohabitation for at least three years.
There are 4 elements of the claim:
- Element 1. The spouses have lived apart for three years. In a no-fault divorce, one key requirement is that the couple must have lived separately for at least three years, showing they have been apart long enough to indicate their marriage has effectively ended without blaming either partner for the separation.
Facts that might support this element look like:
* The spouses have maintained separate residences since their separation three years ago.
* Each spouse has independently managed their own finances and household responsibilities during this time.
* The couple has not engaged in any joint activities or family events in the past three years.
* Communication between the spouses has been minimal and primarily limited to necessary matters.
* Both spouses have expressed their intention to remain apart and have not sought reconciliation. - Element 2. During that three-year period, there was no cohabitation between the spouses. During the three years leading up to the divorce, the couple lived separately and did not share a home, which is an important requirement for a no-fault divorce based on living apart.
Facts that might support this element look like:
* The spouses maintained separate residences throughout the three-year period, with each party living in their own home.
* There was no shared financial responsibility, as each spouse managed their own bills and expenses independently.
* The spouses did not engage in any joint activities or social events during the three years, indicating a lack of cohabitation.
* Communication between the spouses was minimal and primarily limited to necessary matters, further demonstrating their separation.
* Each spouse filed their taxes individually, reflecting their separate living arrangements and financial independence. - Element 3. At the time the suit is filed, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six-month period. To file for a no-fault divorce in Texas, at least one person involved must have lived in Texas for the last six months before the divorce papers are submitted.
Facts that might support this element look like:
* The petitioner has resided in Texas continuously for the past eight months, establishing domicile in the state.
* The respondent has maintained a permanent address in Texas for over six months prior to the filing of the suit.
* Both parties have registered to vote in Texas, demonstrating their intent to make Texas their permanent home.
* The petitioner has been employed in Texas for the last year, further solidifying their residency in the state.
* The couple has lived apart in Texas for the last six months, with one party remaining in the state during that time. - Element 4. At the time the suit is filed, either the petitioner or the respondent has been a resident of the county in which the suit is filed for the preceding 90-day period. To file for a no-fault divorce based on living apart, one spouse must have lived in the county where the divorce is filed for at least the last 90 days before the suit is initiated.
Facts that might support this element look like:
* The petitioner has lived in the county for over 90 days prior to filing the divorce petition.
* The respondent has maintained a residence in the county for the last three months.
* Both parties have established their primary residence in the county for the required 90-day period before the suit was initiated.
* The petitioner moved to the county and has been living there continuously for the past 90 days.
* The respondent has not changed their residence from the county in the last three months leading up to the filing.
(See Texas Family Code Section 6.006. Texas Family Code Section 6.301.)
If you’re in court without a lawyer and plan to assert a claim of Divorce – No Fault – Living Apart, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your divorce effectively.
Prove Your TX Divorce – No Fault – Living Apart Claim
U.S. Civil Cases Only