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Texas Divorce

Click here to file for divorce
in Texas.
Texas Divorce Records & Statistics
August |
January
- August |
2004 |
2003 |
2004 |
2003 |
2002 |
5,217 | 7,348 | 53,281 | 52,671 | 57,222 |
Number
(1,000) |
Rate
per 1,000 Population |
1990 |
1995 |
1998 |
1990 |
1995 |
1998 |
94 | 99.9 | (NA) | 5.5 | 5.3 | 5 |
Texas Divorce Laws Summary
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RESIDENCY: 6 months and in the county 90 days PROCEDURES: Waiver of Service is allowed. Only the spouses actually filing is required to attend the hearing granting the divorce. A waiting period of 60 days is required after filing. Prior to 1/1/70, where a divorce was granted upon the ground of cruel treatment, neither party could marry another person for a period of 12 months. A marriage in Texas in violation of this prohibition was voidable. A marriage entered into outside the State of Texas during the 12-month period would be recognized as valid by the courts of Texas and of other States. After 12/31/69, neither party to a divorce may marry a third party for a period of 6 months following the date the divorce is decreed. However, this prohibition may be waived by the court granting the divorce for good cause shown either at the time of the divorce decree or thereafter as to either or both of the parties. The divorced parties may marry each other at any time. A marriage to a third party in Texas within the 6-month prohibited period is voidable. Effective 1/1/74, if either party to a divorce marries a third party within the 30-day period immediately following the date the divorce is decreed, such a marriage is voidable and subject to annulment on the suit of a party to the marriage if the suit is brought within one year from the date of the marriage. However, the parties divorced may marry each other at any time.
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