Can I get a legal separation?

      No, there is no legal separation in Texas. You must file for divorce and obtain temporary orders in order to protect your interests regarding your property or your child while you are separated from your spouse.  

What if one spouse does not want the divorce?

      In Texas, if one spouse wants to be divorced, the divorce will be granted. Texas is a no-fault divorce state, meaning fault does not have to be proven to obtain a divorce.

What if I am in a common law marriage?

      Common law marriage is when there has been no marriage license issued, but the law considers you married.  See Common Law Marriage. Texas law determines that you are “common law” married if you have lived together in the State of Texas, had a proven intent to be married, and held yourselves out to others as husband and wife. There is no minimum time that you have to live together. Living together and having children together does not automatically mean you are common law married under Texas law. The facts and circumstances of each case must be considered to determine whether a common law marriage exists.

If I am common law married, do I need to get divorced?

      If you have been separated more than two years, then you do not need to get a divorce. Once you have been separated two years, the law presumes you were not common law married. If you have property to divide, you may want to get divorced so the divorce court can divide the property.  

How long does it take to get divorced in Texas?

      Texas has a minimum 60-day waiting period before a divorce can be finalized. The 60 days start running at the time the original petition for divorce is filed with the court. However, most divorces take longer than 60 days. The time frame for divorce may take anywhere from three to seven months if it is agreed, and up to several years in a highly contested matter. The more agreements reached between you and your spouse as to the terms of the divorce, the sooner your divorce will be final.

What is considered community property and community debt?

      Texas is a “community property” state. In other words, all property owned by married persons at the end of a marriage, whether by death or divorce, is presumed to be the property of both the husband and the wife. Likewise, any debts incurred during marriage are presumed to be community debt. This means that the debts are presumed to be owned by both the husband and the wife. Like community property, community debt must also be divided in a divorce.

What is considered separate property?

      Separate property is property acquired before a marriage and property acquired during marriage through gift or inheritance, or with funds that qualify as separate property. Also, married persons may agree in a properly drafted written agreement to “partition” community property, in which case that property becomes each spouse’s separate property.

How does the court divide the property and debts?

      Community property and debts will be divided in a manner the court “deems just and right, having due regard for the rights of each party and any children of the marriage.” This does not mean that the community property or debt must necessarily be equally divided. The judge dividing the community property and debt may consider many factors, such as the size of you and your spouse’s separate estates and any fault causing the divorce.  

When is my divorce officially final?

      Your divorce is considered final on the specific day the judge signs the final decree of divorce.

How soon can I remarry?

      You must wait a minimum of 30 days after your divorce decree is signed by the judge before you may get married to someone else.