Frequently Asked Questions
1. How long does it take to get a divorce?
In Texas there is a 60 day waiting period from the time of filing until the divorce can be finalized. If the spouses have reached an agreement on all of the relevant issues a divorce may be obtained on the 61st day after the divorce petition was filed, however in most cases the divorce may last much longer. Depending on the parties ability to work together and the contested issues a divorce can take anywhere from 6 months to 1 year if a trial is needed.
2. Do I need a "legal separation" from my spouse?
Texas does not recognize a legal status known as "legal separation." In Texas you are married until a divorce is complete.
3. Where can I file for divorce?
To file for divorce a person must have lived in Texas for six months and have been a resident of the county where they are filing for 90 days prior to filing.
4. How is property divided between spouses in a divorce?
Under the Texas Family Code, a court is to divide the community property "in a manner the Court deems just and right." Although this often means a 50/50 division, that is not necessarily the case. The court can take into consideration factors such as fault in the breakup of the marriage, disparity of earning power, disparity in separate property, etc.
5. How is child support calculated?
In most cases, child support is calculated using a formula in the Texas Family Code. The figure is based on the "net resources" of the parent paying support. The net resources are multiplied by a percentage based on the number of children involved (e.g. 20% for one child, 25% for two children).
In Texas there is a 60 day waiting period from the time of filing until the divorce can be finalized. If the spouses have reached an agreement on all of the relevant issues a divorce may be obtained on the 61st day after the divorce petition was filed, however in most cases the divorce may last much longer. Depending on the parties ability to work together and the contested issues a divorce can take anywhere from 6 months to 1 year if a trial is needed.
2. Do I need a "legal separation" from my spouse?
Texas does not recognize a legal status known as "legal separation." In Texas you are married until a divorce is complete.
3. Where can I file for divorce?
To file for divorce a person must have lived in Texas for six months and have been a resident of the county where they are filing for 90 days prior to filing.
4. How is property divided between spouses in a divorce?
Under the Texas Family Code, a court is to divide the community property "in a manner the Court deems just and right." Although this often means a 50/50 division, that is not necessarily the case. The court can take into consideration factors such as fault in the breakup of the marriage, disparity of earning power, disparity in separate property, etc.
5. How is child support calculated?
In most cases, child support is calculated using a formula in the Texas Family Code. The figure is based on the "net resources" of the parent paying support. The net resources are multiplied by a percentage based on the number of children involved (e.g. 20% for one child, 25% for two children).