Texas Commonly Asked Divorce Questions
Ball Morse Lowe is here to provide information and assistance so you will be more educated as to divorce in Texas. While some questions may remain contingent on your unique situation, we want to guide you through the divorce process and outline how we can fully assist you with your particular needs. View our Frequently Asked Questions and call us at (214) 272-0964 so we can counsel you through every step of your divorce.
How do I get a divorce in Texas?
A divorce in Texas is granted in a number of circumstances, including adultery, fraud, cruel treatment, abandonment, incarceration, and confinement to a mental institution for at least three (3) years. Most divorces are granted on a “no-fault” basis, meaning the marriage is not supportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage.
When can I file for divorce?
One party may file for divorce in Texas at any time so long as they have been a resident of Texas for 6-months and have been domiciled in the county in which the case is filed for 90-days. It is important however that you have a plan and know what will come next when filing for divorce. We recommend you seek legal counsel prior to filing to ensure your rights are protected throughout the divorce process.
How much does a divorce cost?
The fees associated with Divorce cases in Texas will be based on the complexity of the case and the issues involved. Divorce cases can range significantly in terms of overall cost. The circumstances of the marriage and the relationship of the parties and what issues are at stake such as minor children, custody, property disputes, support alimony, business divisions, and other issues will impact the cost of the case.
How long does a divorce take?
Texas imposes a mandatory waiting period of sixty (60) days before a divorce may be granted. However, cases with contested issues such as custody of minor children and property division may take a significantly longer time, therefore, you should consult with an attorney to identify the issues in your case that may prolong the litigation.
Can I get a legal separation in Texas?
No. There is no provision in Texas law for a legal separation.
When do I need an attorney in a divorce?
If your divorce is completely amicable and every issue has been agreed to beforehand, you may be able to navigate the divorce process without an attorney, however, that is not advised. It is very wise to have an attorney by your side. If your case involves minor children, an attorney is recommended to ensure that custody and visitation rights are properly established.
How do I get a divorce granted?
A divorce is granted at the conclusion of two scenarios, (1) you and your spouse come to an agreement, or (2) a trial judge issues a decree divorcing you. Most divorces will require at least one visit to court.
Do I have to go to court?
There will likely be a mandatory proceeding that requires attendance. However, most cases will not proceed to trial and can be finalized with a procedural hearing before the judge.
Can I get maintenance? Will I have to provide alimony to my spouse?
Maintenance in Texas based on reasonable need. The seeking party must prove that there will not be enough to meet his or her minimum reasonable needs after the division of property. Furthermore, Texas law requires that at least one of the following is proven in order to receive maintenance:
- The marriage lasted ten (10) years or longer;
- The other spouse has committed family violence;
- During the marriage the seeking party has an incapacitating disability; or
- A child of the marriage has a physical or mental disability that prevents the seeking spouse who cares for and supervises the child from earning significant income.
Can I get an annulment in Texas?
Yes, but you must prove one of a number of circumstances existed. If you were under 18 at the time of your marriage without your parent’s consent, or if you entered into the marriage under fraud or duress you can likely get an annulment. A marriage may be annulled if at the time of the marriage the party seeking the annulment was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage and that party has not voluntarily cohabitated with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended. In very limited and certain circumstances, you may be granted an annulment in Texas. Also if you didn’t possess the mental capacity to enter into the marriage at the time, or if your spouse hid the fact they got divorced within 30-days of your marriage and you didn’t know it and your annulment petition was filed within a year of the marriage, in addition to other avenues for annulment. It is recommended that you consult an attorney should you believe an annulment may be available to you.
When can I change my name during a divorce?
You may restore your maiden name upon entry of the final divorce decree. If you fail to change you name at that time, you will be required to later follow the more comprehensive process for changing a name in Texas.
Following a divorce, when can I remarry, or start dating?
In Texas, you are restricted from remarrying for thirty (30) days after a divorce decree.
What if my spouse does not want the divorce?
Texas is a “no-fault” divorce state, therefore Texas courts are able to grant a divorce upon either party petitioning the court, regardless of whether or not the opposing party chooses to participate.
How long do I have to be living in Texas to get a divorce?
You must live within Texas for six months prior to the filing of the divorce petition. One party must also reside within the county where the case is filed for at least 90-days prior to the filing.
Can I move out of Texas after a divorce?
This is a case-specific issue. If your case involves minor children, your custody order may restrict you to living in Texas unless the parties or the court determine otherwise. If your case does not involve minor children, you will be free to move. However, you may still be subject to Texas jurisdiction for divorce proceedings so it is recommended that you consult an attorney before proceeding with a relocation.
How do I prove fault for divorce?
In Texas, fault is proved through evidence establishing the opposing party has engaged and/or committed adultery, abandonment, fraud, cruelty, imprisonment, has convicted a felony, is living separate, or other scenarios you may discuss with one of our attorneys.
When can a parent change a child’s name without the other parent’s permission?
Never – a parent cannot change a minor child’s last name without the express permission of the other parent or an order from a court with jurisdiction over the matter.
Can a couple become legally married by living together under Texas laws (common law marriage)?
Common law marriage is possible in Texas and certain requirements must be met in order for a court to determine that a common law marriage exists between the parties. Importantly, in order to terminate a common law marriage, spouses in Texas must go through the formal divorce process.