How long will the divorce take?

If you and your spouse agree on literally every single aspect of the divorce, the divorce can be final as soon as sixty (60) days from the date the Petition is filed. As a general rule, however, the more you and your spouse disagree on the terms of the divorce, the longer the divorce will take to become final. Some complicated divorces can take a year to two years.

What are the grounds for divorce?

Texas is a "no-fault" divorce state. That means that you can file for divorce simply because "the marriage has become insupportable because of discord or conflict of personalities between you that has destroyed the legitimate ends of the marriage." There are other reasons for divorce in Texas, such as adultery, cruelty, felony conviction, abandonment, etc. I encourage my clients to choose the "no-fault" option because it's much harder to reach an agreed settlement after you've called your spouse an adulterer or something else in public. It also makes it much harder to co-parent in the future after a combative divorce.


I've heard that Texas is a community property state. Does that mean everything will be split 50/50 during my divorce?

No, not necessarily. If you and your spouse aren't able to negotiate a reasonable division, then a Judge will divide the assets and liabilities of the marriage in a "just, right, fair and equitable" manner - that doesn't necessarily mean 50/50.


I just moved to Texas, can I file for divorce here?

Either you or your spouse must have lived in Texas for 6 months and in the county in which you're filing for the preceding 90 days before you can file for divorce.


Can I do my own divorce?

Yes, but if you have children or property, you can cause yourself a lot of trouble by doing it yourself. When we draft a divorce decree for you, it will cover custody, visitation, child support, property division, and more. A complete and comprehensive divorce decree can be up to 45 or more pages long because there are a lot of complicated issues involved when you're dissolving a marriage. The do-it-yourself divorce forms may not address everything that's necessary for your situation 

Who gets custody of the children?

In most cases, the Judge will name both parties "joint managing conservators". This means that both parties will have a relatively equal say in raising the children. However, one parent will usually determine where the child will live while the other will have a normal visitation schedule and will pay child support. If the parties can't agree on who will have day-to-day custody of the children, the Judge will make the decision. 

What will the child visitation schedule be like?

The parents can agree to any schedule that they would like. If they are unable to agree on a schedule, Texas has a "Standard Possession Order" that provides for the person who does not have the children living with him or her to have possession of the children on the 1st, 3rd and 5th weekends of each month, plus Thursday evenings during the school year and a month in the summer. Extended possession adds pickup at school when school gets out before the weekend and an overnight stay on Sunday and Thursday nights.


Will alimony be awarded?

Texas doesn't call it alimony - it's called spousal maintenance, and it doesn't get awarded very often. In general, it's considered in marriages that lasted longer than 10 years and when there is a disparity in income and earning potential, in situations where there was domestic violence, or where there is a disabled spouse. 


How do I know if I'm common law married or not?

Texas has a 3 question test for common law marriage. If you can answer "yes" to the 3 questions, you are common law married. If you answer "no" to any of them, you probably aren't.

1. Both parties must have intended to be married.
2. You must have lived together as husband and wife.
3. You must have held yourself out to others as married.