Divorce FAQ

Texas law provides a framework for where a divorce may be filed. To file in the state of Texas, one spouse must be a resident of the state for at least 6 months prior to filing. Additionally, in determining the appropriate county for filing, at least one spouse must be a resident of the county in which you intend to file for at least 90 days, prior to the date of filing.

No. Under Texas law, anyone may end a valid marriage through a “no fault” divorce. Although you may include grounds in your filing, most divorces are filed as “no fault” divorces. Sometimes including a basis of fault for your divorce may be advantageous to your case, depending upon the facts of your specific situation. If you do choose to proceed by pleading fault as a part of your divorce, some examples of divorce based upon fault would include adultery, confinement of your spouse in a mental hospital for at least three years (with a condition that is unlikely to improve), cruelty, abandonment or a felony conviction.

Texas is a community property state. Property and assets acquired during the marriage are considered community property, with a few exceptions. Community property is subject to equitable distribution between spouses during a divorce. In most cases, each spouse is entitled to fifty percent of the value of the community property, unless fault or other specific issues are present. This is also the case with most debt acquired during the marriage.

Certain property (and debt) may maintain its separate status, and such items will be excluded from division during your divorce. Experienced attorneys with a family law firm, like Powell Law Offices, P.C., can help you determine the nature of your property and ensure that you’re getting a fair distribution of the community assets and debits.

It depends on the unique situation, but bills are typically not subject to reimbursement. Texas law says that spouses have a duty to support each other, and paying the mortgage, utilities, etc. is part of this support.

Maybe. The characterization of the property will often determine whether reimbursement is available. An experienced family law attorney can help you determine if any reimbursement rights exist.

The length of time necessary to finalize a divorce depends upon how amicably the parties proceed and the complexity of the division of assets. With a few rare exceptions, a Texas divorce cannot be finalized in less than 60 days.

The Texas term for custody is conservatorship. Under Texas law, a court will typically grant both parents the right to make medical, financial and legal decisions for the children. The parent who has been the main caregiver for the children will most often be the parent with whom the children will primarily live. The terms of conservatorship and possession depend upon the unique facts of each case, and every situation should be analyzed individually.

Texas law has a formula for determining the amount of child support payable. The parent with whom the children does not primarily live will normally pay a percentage of their income, that amount being determined by the number of deductions available and other children being supported. The court may deviate from this formula if the parties agree or in the event of exceptional circumstances.