FAQ’s for Texas Divorce
Following are some Frequently Asked Questions Regarding divorce in Texas:
How long do I have to live in Texas before I can file for divorce?
At least one of the parties must have lived in Texas for six months prior to the date the divorce petition is filed. In addition, one of the spouses must have lived for 90 continuous days in the county where the divorced petition is filed.
What are the grounds for divorce in Texas?
It is possible to file a “no-fault” petition for divorce which alleges insupportability. This means that differences have arisen that are irreconcilable or that you simply cannot get along any more and that there is no chance to reconcile.
Other grounds for divorce include:
- Cruelty to a degree that living together is insupportable;
- Incarceration of one party for more than one year;
- Three years or longer confinement of one party to a mental hospital; or
- You have lived apart for at least three years.
How will our property and debts be divided between us?
Texas is a community property state which means the court considers that all property acquired by the couple during the course of the marriage belongs equally to both of them. If one party alleges that certain property is separate property and not part of the community property, that party can present supporting evidence to the court. Separate property is property owned by a party prior to the marriage, property inherited by one spouse or a personal injury award for pain and suffering to one spouse.
What about spousal support?
There are many factors influencing whether one party has to pay support to the other. The court considers the length of the marriage, the ability of each spouse to generate income, whether one party is the custodian of the children which may limit that party’s ability to be employed and any other relevant factor. A Texas divorce attorney can assist you whether you are asking for support or contesting the need of your spouse for support.
How much child support will I have to pay?
I have created a handy child support calculator to help you calculate your child support. This is simply a rough estimate to give you an idea of the amount you would pay. Always consult an attorney for a more solid figure.
There are three things you need to enter:
- Your yearly wages.
- How many (if any) children you have from a prior relationship that you have a duty to support; and
- The number of children in your current case.
How much does a divorce cost?
That depends on the complexity of your case, whether children are involved, and how much property there is to divide. Have you and your spouse agreed on the terms of the divorce? If so, then we may be able to offer you a flat fee divorce. Those can start anywhere from $499 and go up dependent upon whether you have children and how complex your property division is.
If your case is not agreed, meaning you and your spouse cannot agree on ALL there terms of your divorce, then you would be considered a “contested” divorce. We currently charge hourly fees for contested divorces. My billable hour is $300, and I usually anywhere from $1500 to $2,500 in advance fees prior to representation. Again, it depends on the complexity of your case. You control the purse strings to your case.
I am sure there are many attorneys out there who charge less, but I can assure you that none have the client reviews that our office does. Our clients have made us the top rated divorce firm in Dallas on Avvo.com and we are the second highest rated in Texas.
How long does a divorce take?
There is a minimum waiting period in Texas to get a divorce of sixty days. This is considered the “cooling off” period. Any divorce filed in Texas will take at least sixty days.
A contested divorce can take a few months or a few years. There is no easy answer to the question. It depends on the level of the conflict between the parties, children, and the amount of property to divide. As I mentioned above, you control the purse strings to your divorce as fas as costs, and you also control the clock as far as time.
For an agreed or uncontested divorce, we can typically wrap those up in around sixty days.