Frequently Asked Questions About Divorce in Texas

Divorce Attorney

Going through a divorce can be a stressful, upsetting experience. It does not help when you have outstanding questions about Texas divorces. If you have specific questions about Texas divorce, speak to our Dallas divorce attorneys at Orsinger, Nelson, Downing & Anderson today.

What is the Residency Requirement to Get a Texas Divorce?

Texas has two residency requirements that must exist before you file to get divorced in Texas:

  1. Just Before filing for divorce, you or your partner must have been a Texas resident for at least six months; and
  2. a domiciliary of the county where you filed for divorce for at least 90 days.

Is There a No-Fault Divorce Option in Texas?

Yes. The easiest way to get a divorce in Texas is to state in the legal papers that the marriage cannot continue because of conflicts and discord which prevent the possibility of reconciliation. In “legalese”, this reads: “The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”(See Texas Family Code § 6.001.)

Another option for a “no-fault basis” divorce can be based on the length of your separation from your spouse. However, the separation must be for at least 36 months without “cohabitation” (i.e., intimate relations and living under the same roof with your spouse).

Is There Uncontested Divorce in Texas?

Yes, you can get an uncontested divorce. If you and your spouse agree on all required items, you can spend much less time and money litigating the significant legal issues in the divorce. These issues include, among others, the division of property, spousal maintenance (alimony), child custody, and child support.

If you want to have an uncontested divorce but have yet to agree on significant issues, you should consider divorce mediation as an alternative to litigation.

Will I Need a Lawyer For a Texas Divorce?

Some Texas couples can do a DIY divorce without attorneys. But to go this route, you will really need to agree with your partner about the settlement terms before you file for your divorce.

Even if you and your spouse agree on the terms of the divorce, it still may help to have a Texas divorce lawyer review the settlement agreement to make sure that it says what you think it says. This is strongly recommended if you have multiple properties or investments and retirement accounts to divide, because “checking the wrong box” can lead to significant disputes in the future. If you and your spouse are on reasonable terms, you can usually keep the legal fees to a minimum, even with the help of an attorney on a limited basis.

Do I Need to Wait to Get a Texas Divorce?

Yes, there is a “cooling off period” when you file for divorce in Texas. With limited exceptions surrounding domestic violence convictions and issued protective orders, a Texas judge cannot grant your divorce until at least 60 days have passed since you filed the petition. This is not a maximum period, as cases can last for much longer.

Contact Our Texas Divorce Lawyers For Legal Assistance

Divorce can be one of the most traumatic parts of many people’s lives. However, with the help of a skilled divorce attorney, you can get through the legal process with less stress and fewer headaches. Your attorney also will be your legal sounding board, and you can get all of your detailed divorce questions answered. Then, you can take time to concentrate on your emotional and personal well-being to move toward healing from the divorce.

The divorce attorneys at Orsinger, Nelson, Downing & Anderson understand what you are going through, and they can help you like they’ve helped countless others going through a separation. Contact our Texas divorce lawyers today for legal assistance with your divorce. Our attorneys can assist with your divorce in Dallas, Frisco, Arlington, San Antonio, and surrounding communities.