Questions About Divorce In Texas
The decision to file for divorce is just the first step in the divorce process. Most people do not have much of an understanding of the required actions or what happens during the process of a Texas divorce. Listed below are answers to some of the most frequently asked questions about divorce.
How much does a Texas divorce cost?
The answer to this question is different for every couple based on the unique circumstances of their marriage. In general, the more amicable the split, the less expensive the divorce will be. An uncontested divorce moves through the process more quickly, generating fewer legal fees at a cost of a few thousand dollars. Spouses who choose to use mediation to negotiate the terms of their divorce decree typically pay much less than a high-conflict divorce that goes to court. High-conflict divorces tend to drag on and may cost each spouse tens of thousands of dollars.
Is Texas is a no-fault divorce state?
The state of Texas has a no-fault divorce statute. This means that you can file for divorce even if your spouse does not want to get divorced. You are not required to prove that your spouse committed adultery, was abusive or any other grounds for divorce.
How much time does divorce take in Texas?
An uncontested divorce where there are no children and both spouses agree to terms quickly can take as little as 60 days. Outside of those circumstances, the length of time is determined by factors, including how much difficulty there is in dividing marital assets, coming to an agreement on child custody arrangements and whether a spouse is seeking support payments among other things.
Will I have to appear in court?
Most divorces are settled out of court, but there is always the possibility of going to trial if spouses cannot come to an agreement. When agreements are reached on property division, support (if any), custody and child support (when there are children), the only possible court date would be for the Final Prove Up, but that can often be done with just a signature.
How are assets divided in a Texas divorce?
Texas is a community property state, meaning that almost everything that is acquired by either spouse during the marriage is divided as part of the divorce process. The court pursues an equitable distribution of assets. This does not necessarily mean 50-50, but instead assets are divided in a way that is “just and right.” The court has the discretion to decide what that means for each divorcing couple.
Do you have to be separated before filing for divorce in Texas?
There is no such thing as a legal separation in Texas. The only requirements for filing for divorce in Texas are that one spouse has lived in Texas for at least six months and has been a resident in the county where the divorce papers were filed for at least 90 days.