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Frequently Asked Questions About Divorce In Texas

In more than 25 years as an attorney, I have answered countless questions about divorce family law issues. Below are answers to some of the most frequently asked questions about divorce. Of course, every case is unique and you should consider speaking with a lawyer if you have questions about your specific case.

Q: Can I get divorced in Texas if I was married in a different state?

A: Yes. As long as you or your spouse meets the Texas residency requirement, you can obtain a divorce in Texas. In order to meet the requirement, one spouse must have lived in Texas for six months and lived in the county where the divorce is filed for 60 days prior to filing.

Q: How long does it take to get a divorce?

A: The shortest amount of time a divorce can take is 60 days. However, if you and your spouse have to resolve any contentious issues of child custody, support or property division, it can take significantly longer. A full-blown divorce trial can take years, depending on the complexity and the parties’ willingness to negotiate with each other.

Q: What are the grounds for divorce in Texas?

A: Texas law allows for no-fault divorces, but it may be worth adding fault to your divorce petition in some cases. If one spouse is found to be at fault, the court may take it into account when dividing property and making other decisions. The grounds for divorce are:

  • Adultery
  • Cruel treatment
  • Abandonment for at least one year with the intent to abandon
  • Incarceration for more than one year
  • Confinement to a mental hospital for at least three years
  • Living separately for at least three years

Q: How is property divided in divorce?

A: Texas is a community property state, which means that the court considers all property earned or acquired by either spouse during the marriage as owned equally by both spouses. This community property is divided equitably between the spouses. Some assets may be considered separate property, that is, exempt from property division. Learn more about community and separate property.

More Questions About Divorce In Texas? Call For A Consultation.

For more information about divorce and related family issues, contact The Robinowitz Law Firm, P.C., for a free phone consultation. You may send me an email, or reach my Houston office at 713-622-6676.