Texas Divorce FAQs: What All Divorcing Couples Should Know

Divorce is a complex process, especially when you and your spouse can’t agree on important issues such as property division or child custody. Navigating the divorce process in Texas can be challenging, so it’s helpful to have some basic information before starting.

How long does it take to get a divorce in Texas?

The length of a divorce case in Texas varies, with a minimum waiting period of 60 days. However, complex cases can take much longer. Factors that influence the duration of a divorce case include:

Inclusion of the mediation process
Complexity of marital property division
Child custody issues
Assessment of the financial assets of the noncustodial parent

Who gets to keep the house?

In Texas, any property acquired during the marriage is considered marital property, and both spouses have equal claim. If you and your spouse can’t agree on what to do with the home, the judge will make a determination. The process will involve negotiations to determine the fairest split of possessions and assets, and an inventory of all marital assets will be taken. Keep in mind that divorces don’t always result in a 50/50 split of marital assets.

Will my spouse be required to pay my legal fees?

In most cases, both parties are responsible for paying their own legal fees. It’s unlikely that the court will order your spouse to pay your fees.

What sort of visitation schedule will the court decide to use?

All cases follow the Standard Possession Order outlined in the Texas Family Code, unless there’s a reasonable cause to deviate from it. Typically, the noncustodial parent will have visitation on the first, third, and fifth weekends of the month, alternating holidays, and one month during summer vacation. However, couples can create a customized schedule that works for them, as long as the judge approves.

Costs and Alternatives:

It’s helpful to understand the average cost of a divorce in Texas, which can range from several thousand dollars to tens of thousands. In addition to traditional divorce proceedings, alternative methods of resolving disputes, such as collaborative divorce or arbitration, may be available.

Impact on Children and Finances:

Divorce can have a significant impact on children, including custody arrangements and financial support. It’s important to consider the long-term effects on children and your financial situation when going through a divorce, such as dividing pensions or taxes.