DivorceCommon Questions And Answers In A Texas Divorce

February 18, 2022

Making the decision to file for a divorce can leave you with an overwhelming feeling of what to do next. It’s completely normal to have so many thoughts and questions flowing through your head. It is really important for you to have an understanding of what to expect as you go through the steps of getting a divorce. A good attorney will walk you through the entire process and answer any questions you may have. However, in order to further help you and relieve some stress, here is a list of the most common questions and answers in a Texas divorce.

Top 10 Most Common Questions And Answers In A Texas Divorce


1. Who should file first in Texas?

Firstly, in the state of Texas, it actually doesn’t matter who files for divorce first. However, it can set the tone of your divorce by who files first by pleading fault or not fault. If it is an amicable or planned divorce between you and your spouse, you can always consult with an attorney first to see who should file first for the divorce.

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

Secondly, unfortunately, divorce in Texas can be a long process. On average, it takes about six months to one year to finalize a divorce, however, this all depends on how complex the divorce is, dividing of assets, and figuring out parental rights and custody. There is a waiting period of 60 days in Texas in which a divorce can not be finalized for 60 days after the petition is filed. An exception may be a case in which domestic violence is involved.

3. What is a no-fault divorce in Texas?

Thirdly, most divorce cases in Texas are no-fault divorces. A no-fault divorce means that either spouse does not have to prove to the court that their marriage condition warrants a divorce. This simply means you can file for divorce just because you want to.

A fault-based divorce will typically fall under the following categories:

  • Abandonment
  • Adultery
  • Cruelty
  • Felony conviction

4. How long do you have to be separated in Texas?

In Texas, you do not need to legally separate for a period of time before filing for divorce. However, you do have to reside in Texas for six months and a reside in a county for 90 days.

5. Can you get a divorce without an attorney?

The short answer is yes. However, you need to file an uncontested divorce or simply an amicable divorce. This means that both parties need to agree on all terms of the divorce.

6. Are social media posts used in divorce cases?

Another thing to consider is social media. Because social media is something that is used daily, this has now become one of the most common questions. Yes, absolutely. Any of your social media posts can be used as evidence in court. This includes photos, posts, video, location tags, and messages.

7. What is community property in Texas?

Community property in Texas means that if a married couple owns an asset such as a house, and this house was purchased during their marriage, both parties equally own that house or asset.

8. How does child support work in Texas?

Child support in Texas is calculated by the percentage of income and number of children. These numbers are based on a net income of $7500 per month or less. Here is the breakdown of what to expect;

1 child = 20% of net income

2 children = 25% of net income

3 children = 30% of net income

4 children = 35% of net income

5 children = 40% of net income

Also, the court can adjust these numbers based on the best interest of the child or children. Things to consider would be the age of the child or children, special needs or services, daycare, or after-school care.

9. What if I was married in another state. Can I still get divorced in Texas?

Yes, if you were married in another state you can file for a divorce in Texas. The only requirement is that you must be living in the state of Texas for a least 6 months before filing for a divorce.

10. How does spousal support work in Texas?

In Texas, spousal support is called spousal maintenance and either spouse can request spousal maintenance. However, there are certain requirements that you must meet in order to receive spousal maintenance.

  • The spouse was convicted of domestic abuse
  • The spouse that is seeking spousal maintenance is unable to earn enough income to support themselves because of a physical or mental disability
  • The couple has been married for ten years or more and the spouse requesting maintenance lacks the ability to earn an income to support their basic needs
  • The partner is unable to work due to a child with a disability and is unable to earn an income because they are the child’s caretaker

What to do next? Any more questions?

We hope this article explains the top most common questions and answers in a Texas divorce. If you have more questions or you are looking to file for divorce and need additional support and help, it’s important that you find a good divorce attorney that you can trust and can answer all your questions and assist you through the entire process.

After all, we have been serving the Brazos Valley for more than 20 years, and at C.E. Borman & Associates we commit to straight talk and honest advice.

Lastly, we provide exceptional value to our clients and often make life-long, remarkable changes that benefit future generations. If you are in need of a divorce or family law attorney, contact us or give us a call, at (979) 846-4090.

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