Texas divorce faqs

Find answers to your questions about getting divorced in Texas

If you are considering divorce in Texas and have never gone through this experience before, you may have a number of questions about the process. Below, we have answered some of the most frequently asked questions about divorce in Texas. After reviewing this information, we encourage you to contact our firm to schedule an initial consultation during which we can review your unique case in detail.
The answer to this question depends on several factors. In contentious cases in which litigation is necessary, costs for divorce can be expensive due to additional time and expense of litigation in court. However, if the spouses can amicably come to an agreement regarding all aspects of their divorce, including spousal maintenance, child custody and support, and property division, the spouses can avoid additional time and face far less expensive costs. It is important to consult an attorney on your unique situation and whether mediation or litigation will best help you achieve your goals.

This depends on how long it takes for the spouses to reach an agreement on all terms of their divorce. Texas law states that a couple must wait a minimum of 60 days after filing for divorce for the divorce to be finalized. However, many divorces are not finalized this quickly. It is important not to rush through the process just to get it over with as soon as possible – remember, the terms of your divorce can have lasting implications on your future. It is critical that spouses take the time to ensure that everything from visitation rights to tax implications associated with property division are considered from every angle.

No. Texas is a no-fault state, which means that a spouse does not have to cite a specific reason for the divorce beyond “insupportability” (irreconcilable differences). However, depending on the circumstances, a Texas court may consider fault when making a final decision (such as adultery or cruelty).

Yes. In order to file for divorce in Texas, at least one of the spouses must have been a resident of the state for at least six consecutive months. Additionally, at least one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.

If one spouse is earning far less than the other or is unemployed, they may ask the court for temporary spousal support while their divorce is pending. Since there are no specific guidelines for this type of support, they will need to clearly present their financial needs and prove their spouse’s ability to meet those needs to the court.
Military divorce involves a number of unique considerations that make it slightly different from civilian divorce. Perhaps the biggest concern is how military pensions and other benefits are divided. How they are divided depends on the length of the service member’s time in the military as well as the length of the marriage. Residency requirements are another special consideration, since many military families relocate one or more times during the term of service and may wish to file for divorce in a state other than the one in which they were married or in which they currently reside. Since every case is different, it is important to consult an experienced military divorce lawyer who can review your circumstances and ensure that your divorce is handled properly.

If you are considering a divorce, one of the first and most important things you can do is to select the right attorney to represent you. With so many lawyers to choose from, it can seem daunting to find the right one, but there are several things you can look at that will help you narrow down your options. Look for an attorney with experience. Look for a firm that solely practices divorce and family law matters rather than one that only handles these types of cases sporadically. Check online reviews to see what people are saying about the attorney and/or law firm. Check online lawyer directories such as Avvo for information on an attorney’s credentials, special awards and recognitions, and other accomplishments. Then, once you have found some potential candidates, schedule an initial case review to meet the attorney in person, discuss your needs, and learn more about how the attorney can benefit your case.

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