If you are a Texas resident, here are five things you should know about divorce in your state.
You don’t need fault grounds for divorce
Since Texas is a no-fault state, individuals who wish to get divorced from their spouse do not need to prove that they did anything wrong or is at fault.You have to be a resident
To file for divorce in Texas, one of the spouses involved has to have been a resident of the county in which the divorce is filed for a minimum of 90 days before filing.There is a waiting period
In Texas, there is a mandatory waiting period of 60 days to finish a divorce. In some cases, such as instances of family violence, this waiting period can be waived.Property will need to be divided
Texas is a community property state, which means any property that an individual acquires during their marriage, including real estate and vehicles, is automatically considered marital property to be split equally in a divorce. Joint debt is also considered the responsibility of both parties.Legal separation is not recognized
As one of the states that does not recognize legal separation, Texas considers any property or debt you acquire while living apart from your spouse to be community property. In the Lone Star State, you are either married or divorced, and there is no legal designation for separation. Divorce is a complex legal process involving a detailed investigation and analysis of each spouse’s behavior and finances. In many situations, both parties agree to the divorce and are willing to negotiate about how assets are divided. However, in a contested divorce, couples do not agree about the division of assets, child support, custody or other terms of the divorce. In a contested divorce, it is critical to work with an attorney to ensure assets are split fairly. In a divorce case, an attorney can help both parties negotiate an agreement and make sure assets are divided fairly. To speak with one of our legal experts, please send us an email or call 512-580-2449. We serve Travis County and Austin, TX.Key Takeaways
- Texas is a no-fault divorce state, so you generally do not need to prove that your spouse was at fault.
- Specific residency requirements must be met before filing for divorce in Texas.
- Texas generally requires a 60-day waiting period after filing before a divorce can be finalized.
- Texas follows community property laws, which can affect how marital assets and debts are divided.
- Texas does not formally recognize legal separation, meaning spouses remain legally married until the divorce is finalized.
Frequently Asked Questions
Is Texas a no-fault divorce state?
Yes, Texas is a no-fault divorce state, meaning you generally do not need to prove that your spouse was at fault. Either spouse can file for divorce based on insupportability. This can make the filing process more straightforward when both parties agree to end the marriage.
How long is the divorce waiting period in Texas?
Texas generally requires a 60-day waiting period after filing for divorce, although certain exceptions may apply. The overall timeline can vary depending on the circumstances of the case and whether the divorce is contested. Additional disputes over property, custody, or support may extend the process.
How is property divided in a Texas divorce?
Texas follows community property laws, meaning assets and debts acquired during the marriage may be subject to division. The specific division depends on the circumstances of the divorce and the property involved. Understanding your property rights can help you prepare for financial decisions during the process.
Does Texas recognize legal separation?
Texas does not formally recognize legal separation as a legal status. Spouses can live separately, but they remain legally married until a divorce is finalized and the court enters a final divorce decree. Legal guidance can help spouses understand their options while living apart.