Divorce in Texas: Frequently Asked Questions

Below are the answers to some of the most frequently asked questions about obtaining a divorce in Texas.  If you have additional questions or are uncertain about the next steps to take, call our  lawyers at 713-221-9088 for a free case evaluation.

Is Texas a community property state? If so, what does that mean in my divorce?

Yes, Texas is a “community property” state. What this actually means can be more complicated than it sounds. Basically, community property refers to the identification of assets and liabilities in the “community estate” – in other words owned by the husband and wife together. Absent an agreement otherwise, all assets and liabilities obtained during the marriage are community property. Any assets and liabilities obtained before the marriage are separate property. However, if one spouse contributes to the maintenance, support or repairs of the other spouse’s separate property, a claim of reimbursement for those contributions may arise in some circumstances. To learn more about your options, contact our firm today.

How long before my divorce is final?

Texas requires that a divorce petition be on file with the court for 60 days before a divorce can be finalized.

What are the requirements of filing for divorce in Texas?

Texas law requires that at least one spouse has lived in Texas for 6 months and lived in the county where the divorce will be filed for 90 days. There are situations where a divorce can be filed in Texas if that is where the marriage took place, even if the other requirements are not met. Questions or concerns about the requirements for a Texas divorce? Contact our law office today!

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What is a “no-fault” divorce?

The concept of a no fault divorce means that married partners can divorce when they have irreconcilable differences that have caused the marriage to break down. No one needs to prove that the other party is at fault or guilty of any misconduct. All that is important is that there is no prospect of reconciliation.

What issues will I need to resolve in my divorce?

There are a number of specific issues that you and your spouse will need to address if you are divorcing. This will include the division of property assets and liabilities. If you have children, you will also need to address establishing a parenting plan, which will set up child custody, child support and visitation. Because these are often complex issues and are difficult to deal with, it is highly recommended that you work with a Houston family law attorney to help with your case.

What is the difference between an uncontested divorce and divorce litigation?

An uncontested divorce is one that is resolved without the intervention of the court to determine all the terms of the divorce. These are cases in which the spouses agree upon all of these issues on their own. Divorce litigation, the other hand, involves a divorce that goes through a pre-trial process of temporary orders, discovery and, perhaps, trial because agreements cannot be made regarding one or more issues in the divorce. Whether you are hoping for or have an agreement or if you believe there is no reasonable chance that an agreement will be reached, contact our Houston divorce lawyers to find out how we can assist you.

What types of family law cases does your firm handle?

Our law firm handles all types of family law cases in Harris County, Fort Bend County, Montgomery County, Galveston County and the surrounding areas, including divorce, child custody, child visitation, child support, modifications and enforcement actions.

What assets may be subject to division in my divorce?

All assets that are marital property will be subject to distribution in a divorce. This may include your family home, vehicles, bank accounts, furniture, appliances, electronics, other real estate, securities, and more.

How much does a consultation cost?

At The Larson Law Office, our initial consultations are free. Call us at 713-221-9088 to arrange a complimentary case review.