Legal Guide

Calling It Quits? The Top 7 Things You Need to Know About Divorce in Texas

When you marry someone, your vows include something along the lines of “until death do us part.” That might have been the case in the 15th century, but now, there’s a 50% chance that your marriage may end in divorce. Now, it’s just “until a signature does us apart.” The problem is that most Hollywood movies make it seem like getting a divorce is the easiest thing in the world. All you have to do is sign the papers and you’re done. 

The truth is different, as you will have a lot of waiting to do. Some states such as Nevada have fairly lenient laws, but others such as Texas may have different regulations. Some may be to your benefit, whereas others may seem like an unnecessary stump you have to go over. In this article, you can learn the top 7 things you need to know about divorces in Texas if you decide to call it quits. 

1. You Need to Have Lived With Your Spouse for 90 Days

Movies make it seem like you can get mistakenly married one day and get divorced the second day. Indeed, there are grounds for annulment that can get you out faster, but if you are going for a simple divorce, you need to have lived with your spouse for at least 90 days. Only then will your application for divorce be accepted.

2. It Takes about 60 Days to Get Divorced

Aside from the married time you need to have with your spouse, you should also wait for the statutory period to pass, which is at least 60 days. If you are planning for a quick divorce, Texas is not the place for you. This waiting time can be even longer if none of the spouses have at least 6 months of residency. The waiting period is mandatory and, while you may be separated, you’ll still be considered technically married.

3. You Don’t Have to File Any Fault Grounds

Some states can only offer you a divorce if you have grounds for it. If there are no faults, they may suggest mediation, separation, or even therapy first. Since Texas is a “no-fault” state, you don’t have to give a reason for why you are getting divorced. However, if there is fault, it will be taken into consideration when it comes to the division of property.

4. You Can’t Divorce While Pregnant 

In 2021, 40% of the women who gave birth were unmarried, which often gave the mother full power of custody and the right to child support. Things change a bit if you are married. Indeed, you can file for a divorce, but it won’t become final until you give birth. The reason is that the court cannot have any jurisdiction over the baby while it’s still in the womb, and cannot make any decisions concerning paternity, custody, or child support.

5. Legal Separations Are Not a Thing in Texas

In Texas, you are either married or you are divorced; there’s no in-between. That being said, while there’s no such thing as legal separations, you can agree on a temporary order. These orders will go over things such as child custody, joint property use, child support, or settlements. Once the divorce comes through, the order will become void.

6. You’ll Likely Need an Attorney During the Divorce Process

In some Texas cities such as Houston, divorces are not a DIY job. They can be messy, costly, and complicated, the system taking years even for attorneys to understand. Indeed, nothing stops you from honing on your best suit and representing yourself, but unless you have the best divorce attorney in Houston TX on your side, you might not get the best results. You may still get your divorce, but if you are not careful, you may end up losing valuable assets to your spouse in the process. 

7. Community Property Is Not Split Equally

Many people go through divorce thinking they will get an equal share of the community properties, no matter what. However, this is not exactly the case in Texas, as it is not a 50/50 community property. Instead, it focuses on a “just right” division. Indeed, if both spouses have the same income and with no fault, then there may be an equal split. However, if one spouse earns much less than the other or is a victim of cruelty or adultery, they may end up with a bigger share.

The Bottom Line

Getting divorced is not easy, especially if you are in Texas. However, if you do decide to call it quits, the state can help you. You just need a good lawyer to get you past the technicalities as quickly as possible.


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