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Texas Divorce Basics

Texas Divorce Law—The Basics

If you are considering filing for divorce in Texas, you probably have a lot of questions—here are answers to some of the most basic questions about divorce.

Do I Have to Give a Reason for Wanting a Divorce?

No. In Texas, you can ask for a divorce with or without stating the grounds. In a no-fault divorce, you need only advise the court that you have irreconcilable differences. You can, however, state grounds, such as adultery, cruelty, abandonment, felony conviction or confinement in a mental institution. If the court agrees, you may be able to get more than an equal share of marital property.

Do I Have to Be a Texas Resident? If So, For How Long?

Texas does not have jurisdiction over a divorce proceeding unless one of the parties has been a resident of the state for at least six months, and a resident of the county in which the action is filed for at least three months.

How Long Will It Take for My Divorce to Be Final?

That will vary, depending on a number of factors, including the ability of the parties to agree on custody, visitation, support and property distribution. At a minimum, however, a divorce cannot be finalized for at least 60 days after the filing of the complaint.

How Will Property Be Divided?

Property will be divided under the community property laws of Texas.

Is Alimony Available in Texas?

Texas law allows alimony in limited situations, typically where the recipient lacks the ability to be self-supporting, has a physical or mental disability, or cannot take care of himself or herself.

How Is Child Custody Determined?

Ultimately, the court must be satisfied that the custody and visitation arrangement is in the best interests of the minor children. The parties may agree to a specific arrangement, but the court may reject that agreement if it determines that it was entered into under duress or coercion, or is not in the child’s best interests.

How Does the Court Calculate Child Support?

Texas uses a formula that includes the income of both parties, the needs of the child, and any other special factors.

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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