Top Five Common Questions about Divorce in Texas
We answer the top five common questions people ask about getting a divorce in Texas.
Divorce process in Texas is straight-forward – when you know what you are doing. The information that we provide in this article does not substitute speaking with an attorney about your specific case.
To initiate a divorce, one spouse must file an Original Petition – this document asks the court to grant your divorce. Additionally, the initiating spouse must serve (give proper notice) to his or her spouse.
How do I file for divorce in Houston Texas?
You can file for divorce in Houston by electronically submitting a petition for divorce in court. The first step of any divorce is to make sure you have all the information you need to get started. Next, you initiate (start) the divorce.
How long does a divorce take in Houston Texas?
A divorce can be as short as four months or long as several years. In Texas, there is a cooling period of 60 days after a petition is filed. Therefore, the length of divorce depends on several factors such as, the couple’s assets, division of properties, children involved, businesses, and the willingness of the couple to agree.
How long do you have to be separated before you can file for divorce in Texas?
There is generally no requirement of separation before filing for divorce. A couple can file for divorce on grounds of insupportabililty – meaning their marriage is no longer workable, and this is no one’s fault. Also, separation (3 years of living apart) is a no-fault basis for divorce. Or the couple can get a divorce based on fault. The fault grounds are adultery, cruelty, insanity.
What is the wife or husband entitled to in a divorce in Texas?
Texas is a community-property state. In other words, any property bought or acquired during marriage belongs to both parties equally. A couple can divide their properties by agreement during a divorce. Therefore, a wife may be entitled to spousal maintenance or reimbursement claim, if fraud is involved. There are other factors that affect what husband or wife is entitled to receiving in a divorce such as, length of marriage, education, employability, who takes care of the kids, etc.
How do I get a divorce in Texas with no money?
If you do not have money for a divorce, you may still file for divorce. You will need let the court know you are not able to afford the court costs (i.e. the $300 filing fee). This is called a “Statement of Inability to Afford Court Costs”. If you receive government benefits such as SNAP or WIC or earn income below poverty level, then you may qualify.
