12/03/2024
FAQs About Filing for Divorce in Texas part one
What are the residency requirements for filing for divorce in Texas?
To file for divorce in Texas, either spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least 90 days.
What are the grounds for divorce in Texas?
Texas recognizes both no-fault and fault-based grounds for divorce. No-fault grounds include insupportability due to discord or conflict. Fault-based grounds include adultery, cruelty, abandonment, felony conviction, confinement in a mental hospital, and living apart for at least three years.
How long does it take to get a divorce in Texas?
There is a mandatory 60-day waiting period after filing the divorce petition. The actual time depends on the complexity of the case, ranging from a few months for uncontested divorces to over a year for contested ones.
What is an uncontested divorce?
An uncontested divorce occurs when both parties agree on all major issues, including property division, child custody, child support, and alimony. These divorces are typically faster and less expensive.
Do I need an attorney to file for divorce in Texas?
While it is not legally required, having an attorney is strongly recommended, especially if the divorce involves children, significant assets, or disputes.
What documents are required to file for divorce?
Common documents include the Petition for Divorce, Waiver of Service, Final Decree of Divorce, and child-related forms if applicable. Specific documents depend on the circumstances of the case.
How is property divided in a Texas divorce?
Texas is a community property state, meaning assets and debts acquired during the marriage are divided equitably, though not necessarily equally. Separate property, such as inheritances or property owned before the marriage, is not subject to division.
What happens if my spouse does not want the divorce?
Texas allows one spouse to proceed with a divorce even if the other does not agree. The unwilling spouse can contest the terms, which may lead to a contested divorce.
How does child custody work in a Texas divorce?
Texas courts determine custody based on the best interests of the child. Custody agreements can include joint managing conservatorship (shared decision-making) or sole managing conservatorship (one parent makes decisions).
How is child support calculated in Texas?
Child support is based on a percentage of the noncustodial parent’s net income, with guidelines provided by the Texas Family Code. The amount varies depending on the number of children.
Can I change my name during the divorce process?
Yes, you can request a name change in your divorce petition. The court will usually approve the request if it is for a prior legal name.
What if my spouse cannot be located?
If you cannot locate your spouse, you may serve them through publication. The court may grant a divorce after specific legal procedures are followed.
What is the cost of filing for divorce in Texas?
Filing fees vary by county but typically range from $250 to $400. Additional costs may include attorney fees, mediation, and court-related expenses.
Do we have to go to court for a divorce in Texas?
In uncontested divorces, a final hearing may be brief or waived in some counties. Contested divorces often require multiple court appearances.
Can I file for divorce online in Texas?
Some counties allow online filing, but the process often requires in-person steps, such as notarization or hearings.
What if we reconcile during the divorce process?
If you reconcile, you can dismiss the divorce case before the final decree is signed.
What role does mediation play in a Texas divorce?
Mediation is often required in contested cases to help spouses reach agreements on disputed issues before trial.
What happens if we cannot agree on terms?
If no agreement is reached, the case goes to trial, and a judge decides the unresolved issues.
Is alimony (spousal support) awarded in Texas?
Alimony is awarded in limited circumstances, such as when one spouse cannot meet basic needs or has been married for a long time.
How do I modify a divorce decree?
To modify a divorce decree, you must file a petition to modify and demonstrate a significant change in circumstances, such as income changes or relocation.
