FAQs

FAQs

Q. How long will a Divorce take?

A. As the first official step in all cases, a Petition for Divorce is filed with the court. The petition must be on file for at least 60 days before a final decree can be entered. Thus, a divorce takes about two months at an absolute minimum. The more complex and contested the case, the longer it will take.

 

Q. How long do I have to live in Texas to file for divorce?

A. You can file for divorce in Texas if you OR your husband or wife has lived in Texas for six months. One of you also has to live in the county where you want to file for divorce for 90 days.

 

Q. Can my spouse prevent me from getting a divorce?

A. No. Texas is a no-fault state. A party must only allege conflict of personalities in order to obtain a divorce.

 

Q. What if we got married in another state or county?

A. If you marry someone in another country or state, the marriage is also valid in the United States. Because the marriage is recognized here, you will need a divorce to dissolve the marriage. Regardless of where you were married you can get a divorce in Texas if you or your spouse meet the Texas six-month residency requirement.

 

Q. What will be decided about my children?

A. A court will make decisions regarding conservatorship, possession and access and child support and any other related issues regarding your children that you need to bring to your attorney’s attention.

 

Q. What are other “grounds” for divorce?

A. In Texas, you can ask the court to give you the divorce because it was somebody’s fault. The “grounds” are: adultery, cruelty, abandonment (for at least one year), convicted for a felony (and served at least one year), living apart (for three years), committed to a mental institution (for three years with little or no hope of recovery). When a court gives a divorce for “grounds,” then the court can give more of the community property to the “innocent” spouse.

 

Q. Can my spouse and I hire the same lawyer?

A. No. In Texas, an attorney may not ethically represent both sides of the litigation.

 

Q. Can I recover attorney’s fees from my spouse (or former spouse in cases of modification)?

A. In limited cases, yes. There are, however, many factors that are taken into consideration, including fault in the break-up of the marriage and differences in earning capacities of each of the parties.