Getting divorced involves the same basic process no matter where the divorce is granted, plus or minus a few details depending on the state.
In Texas, divorce attorneys follow the rules of the Texas family court on how, when, and where a couple can file for a divorce and have it legally granted.
These tips can answer some of the most common questions that divorce lawyers receive on Texas divorce and how it must be done.
- Texas Is A No-Fault State - That means that couples may file with no grounds other than that of insupportability for an uncontested divorce. They may also file with grounds and a spouse can contest the divorce as well.
- A Texas Divorce Takes At Least 60 Days - There are no quick divorces that any family divorce attorney can help with in Texas. The minimum waiting period is 60 days.
- There Is A Residency Requirement - In addition to the 60-Day waiting period, divorce attorneys point out that one spouse must have been a resident of the state for at least 6 months before papers can be filed and the filing spouse must have been a resident of their county for at least 90 days before they can file.
- Couples Can Separate or Temporary Orders Can Be Issued - After papers are filed, it is recommended that couples separate during the waiting period. When there is disagreement about it, divorce lawyers can help their clients seek temporary orders to guide them during the course of the divorce procedure.
- Texas Is A Community Property State - Marital property will be split between the two spouses, though there is no rule that says it will be split 50/50. Typically, family divorce attorneys will help their clients negotiate property dispersal and when necessary, the court may also weigh in on this process to have a fair distribution based on the individual circumstance.
- Mediation Is Preferred Whenever Possible - Negotiation through mediation is preferred by most divorce lawyers in Texas as long as both spouses are willing to compromise and work together. When this is not possible or if mediation fails, the case can proceed to a court hearing before a judge.
- Alimony Is Not Usually Awarded In Texas - It is very rare for a spouse to be awarded alimony in Texas, as it is only awarded in situations where one spouse is unable to provide for themselves for some valid reason.
When seeking a divorce in Texas, it is important for spouses to understand what to expect surrounding these important specifics.
To learn more or discuss concerns about grounds, living situations, the distribution of property, or other issues, find a knowledgeable Texas divorce attorney who can help!