The following answers apply only to Divorce cases filed in the State of Texas.
What is an Agreed Divorce?
In Texas an agreed or uncontested divorce means that the parties agree between themselves on the main issues involved (division of property, retirement funds, alimony, child custody, child support etc.), and the respondent agrees to be served. Your lawyer will then file the petition, waiver of service, draft the final decree, and appear in court in front of the Judge to verify and have the Judge approve the decree. These cases generally involve marriages where there are no children or property. It is very rare that divorces are agreed when there are child custody and property division issues, because these issues tend to be the most contentious. If disputes or disagreements arise in an agreed divorce, then your lawyer would need to expend more time and the case would be more expensive.
If we agree on everything, do we still need to go to court?
Yes, you still have to go to court and have the judge approve your agreement and/or decree and grant the divorce. One party will sign the divorce decree and the other will go before the judge for a 'prove up'. In a 'prove up' your attorney will go through the salient points of the divorce by asking you to answer yes or no to certain questions. It generally takes 5 minutes for this, but you may spend all morning or afternoon at court waiting for your turn.
What else is covered in a divorce action?
Apart from dissolving the marriage, it should address dividing the parties’ assets and liabilities, determining child custody, visitation, spousal support, child support, and medical insurance or support.
How long does it take to get a divorce in Dallas / Denton / Collin / Tarrant?
There's a mandatory 60-day waiting period from the time the divorce pleadings are filed with the court to the day when the court grants the decree. This time period is designed to allow both parties to think things over, determine whether they can resolve their marital problems without a divorce, and have an opportunity to reconcile if at all possible. This is the minimum time; most cases generally take longer than 2 months to resolve because of other issues, such as child custody, child support, and property division. In Dallas and the surrounding counties (Denton, Collin and Tarrant) the soonest that a case can generally be placed on the Court’s docket is four months from the date the trial date is requested.
Does Texas have a 'no-fault' divorce?
Yes, in Texas 'conflict of personalities' is the term used to denote 'no fault'.
Can I get any of my things before the divorce is final?
Yes, in Texas you can ask for temporary orders in a divorce case. This allows a court to determine who gets to keep certain items on a temporary basis until the divorce is finalized.
Who gets custody of the children in Texas?
Child custody is an involved topic - please see our child custody FAQ.
How is child support determined in Texas?
This is another involved topic - please see our Child Support FAQ.
Do I have to wait until the divorce is final to get child support?
No, temporary orders can also be gotten from the court to determine where the children will live on a temporary basis, and what child support should be paid to the person with whom the children live on a temporary basis.
What are the steps to getting a divorce?
A petition for divorce has to be filed, if the other party does not agree to the divorce then they will have to be served with a citation, the paperwork from the Court. Once the opposing party has had a chance to answer the case, and the 60 day period has passed, the divorce can be finalized.
What assets are subject to division?
Any assets accumulated during marriage are considered community property and are subject to division by the court. This includes cash, real property, retirement benefits and any other property that comes into the marriage as a result of the labor of either party. The only properties not considered community property are those assets owned before the marriage, such as gifts to one of the spouses and/or inheritances by one spouse.
In Texas, does 'Community Property' mean property gets divided 50/50?
Generally, 50/50 will be the initial presumption for any cash, real property, retirement funds or other property that comes to the marriage as a result of the labor of one of the parties. However, there are various circumstances that may deem some property to be 'separate' (such as assets owned before marriage, proceeds from a personal injury suit, gifts or inheritances). The issue here is you have to be able to show how the money was spent and how much of it is left remaining. Other instances in the marriage may also affect the split, such as unequal earning power, or fault in the marriage itself, or in the way one spouse handled joint finances during the marriage. The final division will be what the court deems just and right. If you feel that a 50/50 division would not be fair for you, it's especially important to consult an attorney so that your case can be properly presented to the court.
If my spouse earns more than I do, do I automatically get alimony?
No, you have to qualify for alimony or spousal support. Generally, if it is awarded, it's for a limited time to allow one spouse to 'get back on their feet' after the divorce and be able to support themselves again. In deciding alimony, a judge will consider the length of the marriage, the health and age of each spouse, whether there was any domestic violence in the prior two years, the ability of each spouse to support themselves, the income of the primary contributor and the standard of living enjoyed during the marriage.
How much does a divorce cost?
It really depends upon each divorce case. The cost is based on the amount of time your attorney spends on your case, either in court, drafting documents, negotiating with opposing counsel etc. Generally the only 'fixed cost' divorce is an agreed divorce, with no children, no property and where the other spouse agrees to be served or signs a waiver of service. Your attorney gauges how much it will take to draft documents, file pleadings and go to court. In other cases your attorney can give you an estimate of cost, but the final number will be decided by the complexities in the case, such as negotiations over child custody or property or drafting and re-drafting documents. Remember also that added to the actual attorney work hours are costs. Costs incurred can include filing fees, the cost of having someone served, mediation fees or the cost of a CPA in complex financial matters.
Do I need a lawyer, or can I do it myself?
You can file and process a divorce without hiring a lawyer. There are books and software available that will guide you through the process. Having said that, we get a fair number of cases where people attempted the 'Pro Se' (do-it-yourself) approach, only to become overwhelmed or to find out they couldn't satisfactorily 'prove up' the case before the judge. If you have a very simple divorce and want to try this, you need to try to consider all the implications that may cause issues later. Examples of this may be paying off credit card debt or car loans. A lawyer will ask questions about your situation which are designed to protect your rights from the marriage and your interests going forward. If you do decide to do it yourself, do not depend on your spouse to understand the process and draw up the documents. Make sure you understand the process and everything you're entitled to.
This may seem obvious, but we see many cases of an 'amicable divorce' where one spouse depended on the other to take care of the proceedings, only to find later that they had received less than their fair share from the proceeds of the marriage. As a result, we have had many cases crop up AFTER the divorce is over where we have had to 'modify' the divorce decree to benefit one of the spouses. It tends to be more expensive in the long run to do a modification than to do a divorce right the first time.
I've drawn up my own decree, but I want a lawyer to look over it/prove it up for me.
We have many cases where we assist people who are trying to do their own divorce and who have either become overwhelmed or just need assistance in one area. In these cases we charge on an hourly basis to have a lawyer assist you.
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