A Spouse’s Guide to A Texas Divorce – What You Need to Know! | Schreier Housewirth

Getting a divorce in Texas?

Before doing so, divorce attorneys recommend that spouses planning to end their marriage fully understand the Texas divorce process to know what they can expect with it.

This short and helpful guide explains everything that divorce lawyers want their clients to know about getting divorced in Texas and should answer many questions!

1. Residency Requirements

To get legally divorced in Texas, one spouse must qualify for the state’s residency laws.

Regardless of where the marriage took place, divorce attorneys stress that jurisdiction is determined by confirming that one spouse has been a resident of Texas for a minimum of 6 months and a resident of the county where the divorce will be filed for a minimum of 90 days prior to the filing.

2. Fault Grounds

Texas recognizes both no-fault and fault-based divorces.

When couples face basic issues of insupportability or have been living apart already, divorce attorneys recommend filing a no-fault divorce, especially if it will be uncontested.

Though most no-fault divorces are uncontested and can be easily negotiated through mediation, they may also be contested and require a court hearing to help spouses agree on certain issues.

When there are grounds such as cruelty, adultery, felony conviction, abandonment, or a spouse has been confined to a mental hospital for a long period, divorce attorneys typically suggest filing a fault-based divorce.

3. Mandatory Waiting Period

There is a mandatory 60-day waiting period for any Texas divorce, starting on the date on which the divorce papers are filed.

As long as all negotiations have been successful and an agreement has been drafted by the divorce attorneys and their clients for presentation to the court, a judge may sign the divorce order on the 61st day.

4. Filing the Divorce

After discussing the divorce with a knowledgeable divorce lawyer and determining whether they will file no-fault or fault-based and uncontested or contested, spouses can then file the appropriate paperwork with the court.

At that point, spouses should start planning things like separate living accommodations and begin separating their joint accounts as the process heads into the property division phase.

5. Property Division

Since Texas is a community property state, that does not necessarily mean a 50/50 division of property and divorce attorneys must frequently help their clients through the fair division of their marital property.

If spouses cannot come to an agreement on this step of the process, the divorce can proceed to a court hearing where a judge will make the determinations.

6. Mediation or Court?

When spouses are able to communicate and negotiate well together, they and their divorce attorneys can usually create a valid divorce agreement by using the mediation process.

If mediation should fail, the divorce is contested, or there are known issues that the spouses do not agree on at this point of negotiation, then the case must progress to a hearing in the family court where a judge will assist with the decision-making process.

7. Finalization

After all required paperwork has been filed, all marital property has been fairly distributed, and spouses as well as their divorce attorneys successfully work through mediation, a divorce agreement that documents all of their decisions can be written and presented to the judge for signing during a very brief court appearance.

When cases require a court hearing, the agreement will be drafted after the hearing and then later signed by the judge in the same manner.

Once a signed divorce decree has been issued, a Texas divorce is considered final and legally binding.

Hire A Skilled Divorce Lawyer for Help With Texas Divorces

Getting divorced in Texas can be fairly easy for most couples who can cooperate and work through it together with the help of an experienced divorce lawyer.

Following these basic points, spouses can have their divorces finalized in as few as 61 days.

For guidance through the process or further assistance for a more complicated case, find an experienced Texas divorce attorney to help.

Schreier & Housewirth Family Law

1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110

817-923-9999

Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.

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