Divorce FAQs
Can I become legally separated from my spouse instead of going through a divorce?
What documents start the divorce and grant the divorce in Texas?
Is there “No Fault” divorce in Texas?
Does Texas grant divorces based on marital fault?
Can I get an annulment in Texas?
How Long Does it Take to Get a Divorce in Texas?
How much does divorce cost in Texas?
Can I change my name when I divorce?
What all is involved in a Texas divorce?
Am I required to hire an attorney?
What if I or my spouse do not want the divorce?
Does child support, child custody, alimony, and property have to be determined prior to the divorce being final?
How long do I have to live in Texas to obtain a divorce?
What about child custody and child support?
Can I get spousal support while the divorce is pending in court?
How does the court determine the amount of alimony?
Can I get medical insurance benefits through my ex-spouse’s employer?
What can I do if I think my spouse is hiding assets?
Can I become legally separated from my spouse instead of going through a divorce?
Unfortunately, there is no “legal separation” in the State of Texas. However, it is possible to do separation and divorce planning. In this instance, the parties sit down with separate attorneys and help “unravel” ties of property, financials, and other items prior to filing a divorce.
What documents start the divorce and grant the divorce in Texas?
The document initiating the divorce proceeding is called the “Original Petition for Divorce.” The title of the order granting the divorce is called the Final Decree of Divorce.
Is there “No Fault” divorce in Texas?
Yes. Texas is a “no-fault” divorce state and the Courts in Texas have much discretion dividing a marital estate between spouses in divorce. Over 95% of all divorces in Texas are granted as “no-fault.”
Does Texas grant divorces based on marital fault?
Yes. Texas grants divorces based on the following grounds: adultery, cruelty, felony conviction, living apart and abandonment. This must be proven in Court by a preponderance of the evidence. The following are definitions of each of the grounds:
- Adultery means one spouse has had a sexual relationship with someone other than one’s husband, wife, or partner.
- Cruelty means one spouse treated the other in such a way that the marriage and living together was insupportable.
- Felony conviction requires that a spouse be imprisoned for a year
- Living Apart for at least 3 years
- Abandonment requires that one spouse has:
- Left the complaining spouse with the intention of abandonment
- Remained away for at least one year
Can I get an annulment in Texas?
Yes. Annulments are granted if there was a legal deficiency in the marriage. Legal deficiencies include things such as one of the spouses were underage, under the influence of drugs or alcohol, impotent, or mentally incapacitated.There can be other extenuating circumstances which would be best discussed with your divorce attorney. If you have any questions, please call Taylor & Lassen at (210) 625-6540.
How Long Does it Take to Get a Divorce in Texas?
The minimum amount of time to get divorced is a period of 60 days after the date from which an Original Petition for Divorce is filed. A divorce may not be granted until at least 60 days have passed from the time in which one of the spouses filed for divorce.
An exception to this rule is when a spouse has been convicted of, or received deferred adjudication, for any offense involving family violence or an active protection order is pending for the protection of the spouse who filed for divorce based on a finding of family violence. Without this exception, parties must wait at least 60 days before finalizing divorce.
However, if your case is highly contentious, you should expect the process to take time. Several months to a year is not an uncommon length of time in a difficult case.
How much does divorce cost in Texas?
The cost of a divorce is extremely difficult to determine because so many factors are involved. Time is money, and the exact amount of time that has to be spent on a divorce is not a predictable thing. Though it is less expensive for those who are agreeable in general, other factors must be considered such as the amount of property involved and evaluations and documents needed for the division of that property. In cases where the divorce (or other items within the divorce such as property and custody) are disputed, it solely depends on the circumstances by which those things have to be evaluated and determined. Simply put, the more issues you have that are contested by your spouse, the more time and money it will cost. The more each party agrees, the less time and money it costs. For an estimate on how much your divorce may cost, please call Taylor & Lassen at (210) 625-6540.
Can I change my name when I divorce?
Yes. When you file the Original Petition for Divorce, or counter petition, you can request a name change that will be final upon the entry of the final decree of divorce.
What all is involved in a Texas divorce?
Please review our San Antonio Divorce web page located here to get more information about divorce in Texas.
Am I required to hire an attorney?
No. However, depending on the circumstances, attorneys can offer their expertise and counsel through your divorce to ensure you are not unknowingly taken advantage of and forced into legally binding situations that can have negative repercussions for the rest of your life and income.
Even if you are in agreement with your spouse, it is always best to seek legal counsel to make sure that your interests are being represented. While it is not a requirement, it is best to get a professional opinion prior to starting any legal actions. We see many, many people who come to us after they have gotten themselves into a bind, and the cost to fix it is MUCH higher than if they would have hired an attorney in the first place. Please contact Taylor & Lassen for a FREE consultation on your specific case to determine the risks you may be facing.
What if I or my spouse do not want the divorce?
Only one party has to request a divorce. If you are not in agreement, you can request the Court order marriage counseling. However, your spouse should be open to the counseling in order for it to be effective.
Does child support, child custody, alimony, and property have to be determined prior to the divorce being final?
Yes. While other states vary on this topic, all these issues must be decided in order to finalize a divorce case in Texas.
How long do I have to live in Texas to obtain a divorce?
In order to file a divorce case in Texas, you must have lived in Texas for the preceding and continuous 6-month period. In addition, you must be a resident of the county in which the petition is filed for the preceding 90-day period. Certain exceptions apply for active-duty military service members.
What about child custody and child support?
For more information on child custody and child support, please review our San Antonio Divorce and Family Law web pages. For quick answers, you can access our Child Custody FAQs here and our Child Support FAQs here.
Can I get spousal support while the divorce is pending in court?
The court can order a spouse to support the other during the divorce process. Even with certain issues such as unemployment or earning significantly less than your spouse, courts may issue orders awarding temporary spousal support.
How does the court determine the amount of alimony?
The State of Texas does not have alimony. In lieu of alimony, spousal maintenance can be ordered by the Court on a temporary basis. Factors the court considers when determining spousal maintenance are:
- the length of the marriage (over ten years)
- the needs of the requesting spouse
- the ability of the other spouse to pay
- the health and age of the parties
- the requesting party’s ability to work
- responsibility for children
- availability of funds
- the specifics of your case, among other factors.
To ensure you are protected, it is always best to consult with an attorney. Please contact Taylor & Lassen for a FREE consultation on your specific case to determine the risks you may be facing.
Can I get medical insurance benefits through my ex-spouse’s employer?
You may be entitled to keep medical insurance benefits under your former spouse’s group plan. The Consolidated Omnibus Budget Reconciliation Act of 1985 created what are commonly known as COBRA benefits, which are available to the former spouses of people who work for employers who have 20 or more employees. You only have 60 days after the termination of your marriage to file your application with your spouse’s employer. If you miss that deadline, you will not be eligible for these benefits.
What can I do if I think my spouse is hiding assets?
When you believe that your spouse is hiding assets, the best thing you can do is hire an attorney. The attorney will begin the discovery process, which will help to trace out any unknown funds. From these documents, you will be better equipped to determine all assets the other person may have, even if they do not provide proof of these assets to you initially.
For any other questions you may have, please contact Taylor & Lassen at (210) 625-6540 for a free consultation or click here to send us your questions.