Q: How long do I have to have lived in Texas before I can file for divorce?
A: You or your spouse must have lived in Texas for at least 6 months prior to filing for divorce. Further, one of you must have lived in the county where the suit is being filed for at least 90 days prior to the date the suit is filed.
Q: Is there legal separation in Texas?
A: No. Unlike other states, where you may be required to be legally separated from your spouse for a specific length of time before filing divorce, Texas does not recognize any sort of legal separation.
Q: How long must my divorce petition be on file before my divorce is finalized?
A: Texas law requires a divorce petition to be on file at least sixty (60) days before a divorce may be finalized. Notably however, the divorce process generally takes anywhere from six (6) to eighteen (18) months before everything is finalized.
Q: What is a “no-fault” divorce?
A: In Texas either spouse may file for divorce based on the notion that he or she is not getting along with his or her spouse and that there is no reasonable chance of reconciliation between the two of them. This is what is referred to as a “no fault” divorce because neither party is required to give a reason as to why the marriage is being dissolved. A person may proceed with a divorce despite the objection of his or her spouse to the divorce itself, in a “no fault” state.
Q: What is a “fault” based divorce?
A: As referenced above, Texas is a “no fault” divorce state meaning neither spouse has to provide a reason as to why he or she is requesting a divorce. However, if desired, the filing party may allege that his or her spouse committed one or more of the following acts which caused the filing party to seek a divorce:
Mental or physical cruelty
Abandonment for at least one year
Insanity and confinement in a state mental hospital, and/or
Felony conviction or long-term imprisonment (meaning more than one year).
Q: If I was married somewhere else, can I still get a divorce in Texas?
A: Yes, as long as you meet the residency requirements to be divorced in Texas it does not matter where you and your spouse were married.
Q: What do I need to bring to my first meeting with my lawyer?
A: If children are involved, be sure to bring information regarding the health insurance presently in effect for each child including the policy number and provider as well as each child’s social security number. In terms of property issues, it is always helpful to provide your attorney with a list of all assets and liabilities known to you along with the current values for each when you first meet. If you have access to recent statements for any bank accounts, retirement accounts, credit cards, mortgage statements, etc., bring those along as well. Tax returns for the last year or two would also be helpful for the initial meeting.
For general information regarding child-related issues or property questions, please refer to the specific pages on our website relating to each topic, as applicable. For more specific inquiries about your particular situation, please contact our office at 713 333 8353 to setup an initial consultation.