Frequently Asked Questions About Divorce in Texas

If you are considering divorce in Texas and have never gone through this experience before, you may have a number of questions about the process. Below, we have answered some of the most frequently asked questions about divorce in Texas. After reviewing this information, we encourage you to contact our firm to schedule an initial consultation during which we can review your unique case in detail.

How much does divorce cost in Texas?

The answer to this question depends on several factors. In contentious cases in which litigation is necessary, costs for divorce can be expensive due to additional time and expense of litigation in court. However, if the spouses can amicably come to an agreement regarding all aspects of their divorce, including spousal maintenance, child custody and support, and property division, the spouses can avoid additional time and face far less expensive costs. It is important to consult an attorney on your unique situation and whether mediation or litigation will best help you achieve your goals.

How long does it take to get a divorce in Texas?

This depends on how long it takes for the spouses to reach an agreement on all terms of their divorce. Texas law states that a couple must wait a minimum of 60 days after filing for divorce for the divorce to be finalized. However, many divorces are not finalized this quickly. It is important not to rush through the process just to get it over with as soon as possible – remember, the terms of your divorce can have lasting implications on your future. It is critical that spouses take the time to ensure that everything from visitation rights to tax implications associated with property division are considered from every angle.

Do you have to prove fault to get a divorce in Texas?

No. Texas is a no-fault state, which means that a spouse does not have to cite a specific reason for the divorce beyond “insupportability” (irreconcilable differences). However, depending on the circumstances, a Texas court may consider fault when making a final decision (such as adultery or cruelty).

Are there any residency requirements for filing for divorce in Texas?

Yes. In order to file for divorce in Texas, at least one of the spouses must have been a resident of the state for at least six consecutive months. Additionally, at least one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.

Can I get spousal support while my divorce case is pending?

If one spouse is earning far less than the other or is unemployed, they may ask the court for temporary spousal support while their divorce is pending. Since there are no specific guidelines for this type of support, they will need to clearly present their financial needs and prove their spouse’s ability to meet those needs to the court.

Schedule your initial case review with Boudreaux Hunter & Associates, LLC today: (713) 766-6283.