Answering your most frequently asked questions surrounding divorce
What are the grounds for filing for divorce in Texas?
Texas allows for both fault and no-fault divorces. Grounds for fault include adultery, cruelty, felony conviction, abandonment, living apart, and confinement in a mental hospital.
How long do I need to be a resident of Texas before I can file for divorce?
At least one spouse must have been a resident of Texas for a continuous six-month period and a resident of the county where the divorce is filed for at least 90 days.
What is a no-fault divorce in Texas?
A no-fault divorce is where the marriage is insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
How does property division work in a Texas divorce?
Texas is a community property state, meaning all property acquired during the marriage is divided equally unless there is a convincing argument for unequal division based on factors listed in the Texas Family Code.
Can I get alimony in Texas?
Yes, but it’s referred to as spousal maintenance in Texas. It’s awarded under specific circumstances, such as the duration of the marriage, financial resources of each spouse, and employment abilities.
What is the difference between legal separation and divorce in Texas?
Texas does not recognize legal separation. You are considered married until your divorce is final.
How is child custody determined in a Texas divorce?
Child custody, known as conservatorship in Texas, is determined based on the best interests of the child, considering factors like parental abilities, the health and safety of the child, and the child’s preferences.
Will I have to go to court for my divorce in Texas?
Not necessarily. If you and your spouse agree on all terms of the divorce (uncontested divorce), you may not need to go to court. However, contested divorces often require court intervention.
How long does a divorce take in Texas?
The minimum time is 60 days from the date the divorce petition is filed. The duration can be longer depending on the complexity of the case and whether it is contested.
What is mediation, and is it required in Texas divorce cases?
Mediation is a process where a neutral third party helps the divorcing spouses reach an agreement. It’s not required in all Texas divorce cases, but many courts encourage or mandate mediation before a trial.
How does adultery impact a divorce in Texas?
Adultery can impact the division of property and spousal maintenance but does not usually affect child custody unless the affair directly impacts the child.
Can we modify our divorce decree after it’s finalized in Texas?
Yes, you can request a modification of certain aspects like child support, custody, or spousal maintenance if there’s been a significant change in circumstances.
What are temporary orders, and how do they work in Texas divorces?
Temporary orders provide immediate structure for child support, custody, and spousal support during the divorce process. They’re established early in the process and remain in effect until the final decree.
How is child support calculated in Texas?
Child support is calculated based on a percentage of the non-custodial parent’s income, considering the number of children. The Texas Family Code provides guidelines for these percentages.
Can a divorce decree be appealed in Texas?
Yes, either party can appeal a divorce decree if they believe there has been a legal error. However, appeals are complex and can be costly, with no guarantee of a different outcome.
Need Help? Call Today
Navigating a divorce in Texas can be complex and emotionally challenging. If you have questions or need guidance through your divorce proceedings, Hannah Law is here to help. With a wealth of experience in Texas divorce law, our team is committed to providing you with the compassionate support and personalized legal strategies you need to achieve a favorable outcome.
Don’t face this difficult time alone—contact Hannah Law for expert assistance, and let us guide you toward a new beginning. 281-262-1311
