Question 1

What are the residency requirements for filing for divorce in Texas?

Accepted Answer

At least one spouse must have been a Texas resident for at least 6 months and a county resident for at least 90 days before filing. You must meet this requirement before the court will accept your petition for divorce.

Question 2

Does Texas allow no-fault divorce?

Accepted Answer

Yes. Texas allows no-fault divorce based on insupportability (the marriage has become insupportable because of discord or conflict).

Question 3

How is property divided in a Texas divorce?

Accepted Answer

Texas follows community property principles for dividing marital property. This generally means marital assets and debts are split 50/50.

Question 4

Is there a waiting period for divorce in Texas?

Accepted Answer

Texas requires a 60-day waiting period after filing before the divorce can be finalized.

Question 5

How is child custody determined in Texas?

Accepted Answer

Texas courts determine custody based on the best interests of the child, considering factors such as each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence.

Question 6

How is child support calculated in Texas?

Accepted Answer

Texas uses state-specific child support guidelines that consider both parents' incomes, the number of children, custody arrangement, healthcare costs, and childcare expenses. You can find the state's child support calculator through the Texas court system website.

Question 7

Does Texas award alimony/spousal support?

Accepted Answer

Yes, Texas courts may award spousal support based on factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. The type and duration of support vary based on the circumstances.

Question 8

Can I get a legal separation in Texas?

Accepted Answer

Most states, including Texas, offer some form of legal separation as an alternative to divorce. Legal separation allows spouses to live apart and divide assets without formally dissolving the marriage. Consult a local attorney to understand the specific options available in Texas.

Question 9

How long does a divorce take in Texas?

Accepted Answer

The timeline varies based on whether the divorce is contested or uncontested. An uncontested divorce in Texas may take as little as a few weeks to a few months after meeting any waiting period requirements. Contested divorces can take 6 months to over a year.

Question 10

How do I find a divorce attorney in Texas?

Accepted Answer

You can use our directory to browse divorce attorneys in Texas by city or county. Each listing includes attorney details, practice areas, and a confidential contact form to request a consultation.

Texas Divorce: Frequently Asked Questions

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