The Answers to Basic Texas Divorce Questions

wedding picture split in half

If you are facing a Texas divorce, you are certain to have questions that you need answers to. While your divorce will be unique to you and your divorcing spouse, the answers to the following basic questions apply across most divorce cases and may help. The most important step you can take if you are moving forward toward divorce is consulting with an experienced Fort Hood divorce lawyer.

Can I Divorce in Texas if I Was Married in a Different State?

Generally, as long as you meet the residency requirements in Texas, you can seek a divorce in the state. As such, at least one of you must have lived in Texas at least six months prior to filing, and the spouse who files must have lived in the county in which you file for at least 90 days prior to filing. If you qualify within these parameters, you can obtain a divorce in the State of Texas (regardless of where you were married).

Is There a Waiting Period?

If you are pursuing a divorce in Texas, there is a mandatory waiting period (with a few specific exceptions). You will need to wait at least 60 days from the date of filing before your divorce can be finalized. If you have unresolved divorce terms as you move forward with your divorce, however, the divorce process will very likely take longer than 60 days, and you will not need to concern yourself with the waiting period.

Will Our Marital Property Be Divided in Half?

In the State of Texas, that property that you and your spouse purchase or otherwise acquire over the course of your marriage is considered marital property, and upon divorce, it is intended to be divided equitably. Equitably here means fairly given the circumstances involved, and while it can mean that your marital assets will be divided directly in half, this is not necessarily the case.

Will I Receive Alimony?

Alimony is determined on a case-by-case basis, and while it does not play a role in every divorce, it can be an important financial tool. If divorce leaves you with a financial disadvantage and your ex has the financial means to help, alimony may be ordered. Some of the factors that increase the likelihood of alimony include:

  • If your marriage lasted many years

  • If you supported your spouse by leaving your own career and caring for your home and family while he or she pursued a lucrative career

  • If your earning potential is far less than your ex’s

  • If you have a mental or physical disability that precludes you from earning an adequate income

  • If you cannot work because you care for a child of the marriage who has a serious physical or mental disability

Turn to an Experienced Fort Hood Divorce Lawyer for the Help You Need

Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Fort Hood, Texas – is a trusted divorce attorney who dedicates his practice to helping clients like you. For more information, please do not wait to contact or call us at 254-501-4040 today.


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