Divorce comes with uncertainty and a myriad of questions. Our divorce and family law attorneys will compassionately answer all of your Texas divorce questions and guide you through the process.
We understand that not every marriage can last, particularly when circumstances make divorce the most viable option for your long-term health and happiness. We also understand that as someone considering a divorce, you likely have a long list of concerns about Texas divorce – questions that need to be answered by a knowledgeable, honest source. Our Dallas divorce lawyers want to take the burden of uncertainty off your plate at this already stressful time.
Our legal team will use their experience and compassion to guide you through the divorce process, answering your most pressing questions along the way and looking out for your best interests and that of your children.
The Top Texas Divorce Questions
We’ve met many clients with questions that are similar to your own. Listed below are some of the most common questions that are first asked by our clients:
Where can I file my divorce?
To file for a Texas divorce, you must have lived in Texas for the past 6 months. The appropriate county to file in is the county you have lived in for the last 90 days.
What are the grounds for divorce in Texas?
Texas recognizes both fault and no-fault grounds for divorce. Most people file based on no-fault grounds that do not accuse their spouse of having done anything wrong to cause the divorce. No-fault grounds for divorce in Texas include insupportability and living apart for at least three years.
Other grounds for divorce include:
- Conviction of a felony
- Confinement in a mental hospital
- Alcohol or substance abuse
- Impotency or infertility
What is the difference in filing a divorce in Texas under fault or no-fault grounds?
A no-fault divorce does not accuse you or your spouse of misconduct. In a fault divorce, you must first establish the legitimacy of your ground for divorce and then to argue for the relief you are requesting from the court. In a fault divorce, you may be entitled to more relief by showing your spouse was at fault, such as an unequal distribution of marital assets in your favor. An experienced family lawyer can review your situation and advise you on the best ground to use when filing for divorce.
How long do I have to live in Texas before seeking a divorce?
Generally, you or your spouse must have lived in Texas for at least six months before filing for divorce. Additionally, one of you must have lived in the county where your divorce case is filed for at least 90 days.
What is the most common ground for divorce?
The most common ground for divorce is known as No-Fault or insupportability.
How long will the divorce take?
A divorce can become final only 61 days after the date the divorce petition was filed. An uncontested divorce is the swiftest option for a divorce. Contested issues can take much longer because they often require a trial date and the timing and length of the trial is dependent on the Court’s docket.
Should I pursue a contested or uncontested divorce?
Uncontested divorce occurs when two spouses reach an agreement on all their divorce issues including property division, child support and child custody. Contested divorce occurs when the spouses cannot agree on issues such as property and parental rights.
What are the benefits of an uncontested divorce?
An uncontested divorce is less expensive and faster. These are generally easier, particularly if you have the help of a divorce attorney who can address any unexpected complicated legal surprises or questions that arise along the way.
What types of decisions will the family court make?
You and your spouse are free to make decisions about your divorce on your own, through mediation, or with the help of lawyers. However, if you are unable to reach decisions about the terms of your divorce, the court can make the decisions for you. These include:
- Property division
- Child custody (conservatorship) and visitation
- Child support
- Spousal support
How will the marital property be split?
If you and your spouse are unable to reach an agreement about how to split your property, the court will go through the following process to split it up between the two of you:
- Classify property as community property or separate property. Community property is the property acquired during the marriage by either spouse, including income, debts, and retirement accounts. Separate property is property that was received before the marriage, a gift to an individual spouse, or property that is
- considered separate by agreement (like with a prenup).
- Determine the value of community property.
- Divide community property equitably, which is “fair and just” but not necessarily a 50/50 split.
How can a lawyer help with my divorce case?
Because divorce has so many important implications, you should consider hiring a lawyer. A lawyer can:
- Advise you of your rights
- Explain the law to you
- Negotiate a fair settlement on your behalf
- Argue your position in court
- Obtain evidence of the assets, debts, and incomes of you and your spouse to support your case for spousal support, child support, or property division
- Ensure that you make the necessary legal arguments at the right time
- Fight to protect your relationship with your children
- Help you navigate the divorce process step-by-step
While these questions are among the most common, we know they’re only the tip of the iceberg when it comes to your own concerns about your future. We can answer your specific Texas divorce questions. Each couple and family has their own unique circumstances and needs.
In an uncontested divorce the spouses in agreement might simply need legal guidance to help them through the process. W&M will work with you during the process to advocate that your best interests are met. Uncontested divorces are often emotionally-charged with greater uncertainty of the future outcome when there is difficulty reaching agreements. We understand the emotional and financial issues of these cases and take special care to be right by your side, answering all of your questions along the way, and looking out for your best interests and the interest of your children.