What is a no-fault divorce in Texas?
In a no-fault divorce, both parties agree that no “fault” is assigned in the dissolution of the marriage. In Texas, married couples can get no-fault divorces if the marriage has become “insupportable” or if the married couple has been living apart for at least three years.
Why does “fault” matter since Texas is a “community property” state?
Yes, “fault” can matter in a divorce. If a spouse is at fault for the end of the marriage, that spouse can receive less of the assets when they are divided.
What is a “legal divorce?”
A divorce is a legal process of ending a marriage between two individuals. A legal divorce will give each party the right to marry someone else, divide and share marital assets and debts, and determine matters related to the care and custody of their children.
What is an “agreed divorce?”
If a couple agrees on every aspect of the settlement, including property division and a visitation schedule, they might be eligible for an “agreed divorce.”
An “agreed divorce” means that once the parties have settled things on their own, they will hire an attorney to draft the decree. The decree is then signed by both parties and presented to the court.
How long does it take to get a divorce in Texas?
In San Antonio, there is a 60-day waiting period from the date the divorce is filed until a court can grant the divorce. However, if disagreements or complex financial matters complicate the divorce, it will take longer.
Is it ok to start dating while my divorce is pending?
A family law attorney will tell you that dating while a divorce is pending is a bad idea. This may cause your spouse to be more challenging to deal with than otherwise. It also may be difficult for the children.
What is the difference between “maintenance” and “alimony” in Texas?
In Texas, the act of one spouse providing funds to the other spouse following a divorce is referred to as “maintenance.” Maintenance is not often awarded; however, the court will consider various factors when determining if it is appropriate and necessary.
If I file for divorce in Texas, will I have to go to court?
Most divorces are resolved without needing a trial. However, even if both parties agree to the terms, at least one spouse must testify for about five minutes to answer basic questions before the divorce is finalized.
Can the court require my spouse to pay for the attorney fees?
Typically, each person will pay their own attorney. However, the court may sometimes allow one party to use the community property to pay these fees.
The court may also equalize the fees between attorneys on both sides so that your spouse can draw out community funds to pay their attorney.
Does it matter who files for divorce?
If the court is necessary, the party who files the divorce papers presents their case first. However, it doesn’t matter who files the documents with the county clerk in most cases.
How long will it take to get my divorce finalized?
There are too many factors to consider to give a definitive answer to this question. The simple answer is this: Texas requires a 60-day waiting period from when the papers are filed before a divorce can be finalized. However, complicated matters and disagreements will prolong the process.
Will I have to pay alimony? Do Texas courts award alimony?
Long-term alimony is very unusual in Texas.
However, temporary or permanent spousal support will be decided on a case-by-case basis. The court will consider several factors, including the length of the marriage, both spouses’ jobs or job skills, health concerns, and other considerations.