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 12 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.


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