Divorce often raises many questions, and obtaining the right answers early on can significantly simplify the process. Texas Divorce FAQ addresses key concerns about residency requirements, waiting periods, child support, and property division under state law. While some divorces progress quickly, others may take months due to financial or custody disputes. By understanding the filing process, associated costs, and legal requirements, you’ll be better equipped to navigate the journey. This FAQ provides clear, concise information to help you make informed decisions as you move forward with your Texas divorce.
Understanding the Divorce Process in Texas
No Such Thing as a Stress-Free Divorce
Some people hope for an easy divorce that requires little effort. While that would be ideal, reality is different. Divorce takes work, and challenges will arise. The process involves legal requirements, emotional strain, and decisions that impact your future. Having an experienced family law attorney on your side can make a significant difference. The Law Office of Bryan Fagan provides legal guidance and support throughout the process.
Free Consultations for Divorce Cases
Our firm offers free consultations six days a week. Over the years, we have noticed that many people ask similar questions. This is because, while every family is unique, the basic structure of a divorce case remains the same. Everyone files the same initial paperwork and seeks a final divorce decree. The specifics of your case may differ, but the legal steps follow a common pattern.
Below are some frequently asked questions and their answers. If you have concerns that are not covered here, reach out to us. Our attorneys can meet with you in person, over the phone, or via video call.
Residency Requirements for Filing a Divorce
Can I Get Divorced in Texas if I Married in Another State?
Yes. Texas law allows you to file for divorce in the state if either spouse has lived in Texas for at least six months and has resided in the county of filing for at least 90 days. The same applies if you were married in Texas but now live elsewhere. If your spouse still meets the residency requirements, you can still file in Texas.
Representing Yourself in a Divorce
What Is a Pro Se Divorce?
A pro se divorce means representing yourself without an attorney. While this is legally allowed, most people in Texas choose to have an attorney guide them. The process remains the same, but handling it alone can make things more challenging. Mistakes in filing or negotiating could lead to costly errors or delays.
Contested vs. Uncontested Divorce
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all issues, including child custody, property division, and financial support. These cases are rare because most divorces involve disagreements over at least one issue. Even if you believe your case is uncontested, reviewing the details with an attorney can help confirm that both parties are truly in agreement.
Timeline for Finalizing a Divorce
How Long Does a Divorce Take?
Texas law imposes a mandatory 60-day waiting period after filing before a divorce can be finalized. Even in uncontested cases where both parties agree, you must wait at least two months. During this time, you can finalize negotiations, adjust to living separately, or even reconsider the divorce if reconciliation is possible.
Can the 60-Day Waiting Period Be Waived?
A court may waive the waiting period in cases involving family violence. If your spouse has been convicted of family violence in the past, the court can allow the divorce to proceed sooner. Otherwise, all divorces in Texas must observe the 60-day minimum.
Notifying Your Spouse
How Will My Spouse Know I Filed for Divorce?
You must notify your spouse through legal service of process. This can be done in two ways:
- Formal Service – A private process server or law enforcement officer personally delivers the divorce papers.
- Waiver of Service – If your spouse cooperates, they can sign a waiver of service. This document confirms they received the paperwork and eliminates the need for a process server.
Child Support Agreements
Do We Have to Follow Texas Child Support Guidelines?
No. While Texas law provides standard child support calculations based on income and the number of children, spouses can agree on a different amount. However, any agreement must align with the child’s best interests and comply with Texas public policy. If the court believes the support amount is unreasonable, a judge may require justification before approving the agreement.
Divorce Costs and Financial Concerns
How Much Does a Divorce Cost?
Costs vary depending on the complexity of the case. The more contested issues there are, the more expensive the divorce may become. Since attorneys charge by the hour, lengthy disputes increase legal fees. Keeping negotiations straightforward can help reduce costs.
Can Child Support Be Deducted from My Spouse’s Paycheck?
Yes. A wage withholding order can be issued along with the final divorce decree. This order directs the paying spouse’s employer to deduct child support payments from their paycheck and send them to the Office of the Attorney General for distribution.
Special Divorce Situations
How Can I Get a Divorce If My Spouse Is in Jail?
A spouse’s incarceration does not prevent a divorce from moving forward. You will need to arrange for legal service of process at the jail. If your spouse is cooperative, they may sign a waiver of service. Notaries are sometimes available in jails, allowing for the necessary documents to be signed.
What If I Can’t Find My Spouse?
If your spouse cannot be located, you must show proof that you attempted to find them. This may involve hiring a private investigator or attempting service at their last known address. If personal service is unsuccessful, the court may allow alternative methods such as service by publication.
Attorney’s Fees and Spousal Support
Can My Spouse Be Ordered to Pay My Attorney’s Fees?
Courts may order one spouse to cover the other’s attorney’s fees in certain cases. This typically happens when one spouse cannot afford representation or if the other has engaged in misconduct. However, both parties usually pay their own legal fees unless circumstances warrant an exception.
What Is Spousal Maintenance?
Spousal maintenance, often called alimony, provides financial support after divorce. Texas law limits eligibility to those who were married for at least 10 years and who demonstrate financial need. Payments typically last no more than ten years and cannot exceed 20% of the paying spouse’s gross income.
Financial and Property Considerations
Do I Have to Keep Money in a Joint Account During Divorce?
Courts may have standing orders that prevent spouses from moving money before the divorce is finalized. While paying household bills and legal expenses is allowed, transferring large sums without approval can lead to legal complications.
When Can I Remove My Spouse from Insurance Policies?
Texas courts often have temporary orders preventing spouses from removing each other from insurance policies during the divorce. Once the case is final, the decree will specify when and how insurance coverage can be changed.
Marital Home and Household Bills
Do I Need to Move Out of the Home During Divorce?
No. You and your spouse can continue living in the marital home while the divorce is pending. However, in cases involving domestic violence, a judge may issue an order requiring one spouse to leave. Financial factors may also influence your decision, especially if housing costs are high.
Do I Have to Keep Paying Household Bills?
If your name is on an account, you remain responsible for paying that bill. Even if a court orders your spouse to pay certain expenses, missed payments can still impact your credit. If disagreements arise over bill payments, mediation may help resolve the issue.
Understanding Common Law Marriage
What Is Common Law Marriage?
Texas recognizes common law marriage if three conditions are met:
- Both partners agree to be married.
- They live together as spouses.
- They present themselves as married to others.
A common law marriage holds the same legal weight as a formal marriage. If the relationship ends, a legal divorce is required.
In conclusion, having a solid understanding of the Texas Divorce FAQ can help alleviate much of the confusion and stress that comes with divorce. By familiarizing yourself with key details such as residency rules, child support guidelines, and the division of property, you’ll be better prepared to handle the legal process. With this knowledge, you can make informed decisions and approach your Texas divorce with confidence, ensuring a smoother transition and a more favorable outcome.
Get Legal Guidance for Your Divorce
The Law Office of Bryan Fagan provides free consultations for those considering divorce. Our experienced family law attorneys offer in-person, phone, and video consultations to help you understand the process. Contact us today for guidance on your case.
Other Related Articles:
- Answers to Popular Divorce Questions in Texas
- Basic Divorce Questions Answered, Part Two
- Common Divorce Questions Answered: Divorce FAQs for Texas families
- 3 questions to ask yourself before deciding to divorce
- Financial Questions to Ask During a Texas Divorce
- Child Custody FAQs
- Property Division FAQs
- Texas Adoption FAQs
- Uncontested Texas Divorce FAQs: Everything You Need to Know
- Spousal Spying FAQs
