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Divorce in Texas—Some Basic Questions

Texas Divorce Law—The Basics

Whether you are filing or have been served with a complaint for divorce in Texas, you’ll have a lot of questions about the process. Here are some answers to basic questions.

How Long Does the Process Take?

It’s difficult to say with any certainty how long your divorce will take, as each situation is unique. If you can work amicably with your ex, you can come to agreement on issues related to custody, visitation, support and property fairly quickly. Under no circumstances, though, can a divorce be finalized during the 60 day period following the filing of a complaint.

Does Texas Recognize a Right to Alimony?

As more and more couples involve both working spouses, the need for alimony or spousal support has declined, but the concept still exists in Texas. Though the application of the principle is limited, an ex-spouse can petition the court for some level of support if he or she does not have the capacity to be self-supporting, or cannot take care of his or her own basic needs. Alimony may be:

  • Temporary—for a stated time, allowing the recipient to move toward self-sufficiency
  • Rehabilitative—paid until such time as the recipient becomes self-sufficient
  • Permanent—paid until the death or remarriage of the recipient

How Is Property Divided?

Texas is a community property state, which means that all property and debt acquired during the marriage is divided equally, with very few exceptions. Conversely, all property brought into the marriage is considered separate property and customarily goes back to the party who originally owned it.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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Texas Divorce Law—The Basics

Texas-Divorce-Law-The-Basics

Your marriage is in trouble and you are considering filing for divorce in Texas. Here are some important things to understand.

Eligibility to File in Texas

Texas won’t have jurisdiction of your divorce complaint unless you or your ex-to-be have lived in the state for at least six months immediately prior to the filing of the divorce complaint. In addition, at least one of you must have resided in the county where you file for a minimum of 90 days.

These requirements apply to military personnel, too. Though there’s no requirement that you lived in Texas before your assignment there, you must have been on active duty at a base in the state for six months prior to your filing.

The Different Types of Filings

Like all other states, Texas offers no-fault divorce, where you simply have to indicate that you had irreconcilable differences. However, you can also allege fault, which may give you advantage in custody, support or property determinations. The factors that can be stated as cause for divorce in Texas include:

  • Adultery
  • Abandonment
  • Conviction of a felony
  • Physical or mental cruelty
  • Confinement to a mental hospital

Child Support, Child Custody and Visitation

Child support is calculated using a state-established formula, taking into account all income of all parties. The court always has the discretion to amend the order, based on the needs of the child and a parent’s ability to pay/provide. Custody and visitation are based primarily on the best interests of the child, but the Texas courts favor involvement by and regular contact with both parents.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

Se Habla Espanol | ASL and ESL Services Also Available

Online Divorces Now Simpler in Texas

There’s a new online method for filing for divorce in Texas, and many believe it will greatly simplify the process, providing benefit to many Texans. Texas Divorce Online offers a three-step methodology for resolving most divorce issues:

  • Create an account
  • Respond to an online questionnaire
  • Submit your case for processing

Once your case has been received, a licensed attorney will review it and prepare all necessary documentation. Because of the questionnaire, the pleadings can be customized to meet your specific needs.

It’s important, though, that you ask yourself a few basic questions to determine whether an online divorce is in your best interests. Such a process may be ideal if you have no assets, no children, and nothing to distribute or fight about. But here are some red flags that ought to lead you to contact an experienced family law and divorce lawyer:

  • How complex is your marital estate? Did you bring property into the marriage? Did you receive an inheritance during the course of the marriage? Under the community property laws of Texas, your marital estate can be divided between those assets that constitute separate property (brought into the marriage, acquired by inheritance, received as a gift, etc.) and community property (essentially all other property). Separate property goes to one person, whereas community property is divided equally.
  • Are there minor children? If so, you’ll have to determine who gets custody (now called “managing conservatorship”) and what visitation (now called “access”) will look like.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

Se Habla Espanol | ASL and ESL Services Also Available

 
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