What is the easiest way to divorce my wife, I am in Texas

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What is the easiest way to divorce my wife, I am in Texas

I have not seen my wife in 8 years and did not know where she was until recently. She is living with another man in Texas. We have a son, she had not seen in 10 years, I would like to have her out of my life as soon as possible.

Asked on June 19, 2009 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

A divorce is a method of terminating a marriage contract between two individuals.  In Texas, divorce can either be "no fault" or fault-based.

No fault divorce is a marital termination proceeding where the divorce is granted without either party being required to show fault (show that the other party caused the breakdown of the marriage).  Under no fault rules, either party may obtain a divorce, even if the other spouse does not consent to the divorce.  Married people can get a no fault divorce if their marriage has become "insupportable" or if the couple has been living apart for three years.

A divorce that is filed on the grounds of fault will take longer.  Also, if it is contested (ie your wife fights it) that will also take more time; for example, if your wife wants to make child custody/visitation an issue. 

A no-fault divorce is something that you could file for yourself.  If paperwork is not your thing than an attorney in your area represent you.  If all goes smoothly, it will take approximately 60 days after filing your divorce petition for your divorce to become finalized.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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