Board Certified in Family Law
Texas Divorce Attorney: Which Kind of Divorce Do You Have?
The word divorce covers very different experiences. Working out which one you are in is the first useful decision you will make.
Three Questions That Sort Your Case
Before you think about strategy, answer three questions. Do you and your spouse agree on the children and on the property, or could you with some help? Do you both know what the estate contains? And is either of you in the military?
If you agree and you both know the finances, you are probably looking at an uncontested divorce. If you disagree, or if one of you does not know what exists, you are in or heading toward a contested divorce. If either spouse serves, read the military divorce guide first, because federal rules apply on top of Texas law.
Grounds Are Rarely the Fight
Texas allows a divorce on insupportability (Texas Family Code § 6.001), meaning the marriage has become unworkable because of discord or conflict and there is no reasonable expectation of reconciliation. Most people do not need to prove fault to end the marriage. The real disputes are usually about the children and the money. Fault can still matter in some cases, particularly to how property is divided, so raise it with a lawyer if it applies to you.
What Every Case Shares
Whatever the path, the same floor applies: one spouse must meet the six-month state and 90-day county residency rule in § 6.301, and the court generally cannot grant the divorce before the 60th day after filing (§ 6.702). Property goes through the same framework too: presumed community (§ 3.003), divided in a manner that is just and right (§ 7.001).
If there are children, the court's primary consideration is their best interest (§ 153.002). For that side of the case, see Texas Child Custody Attorney. If there is a business or significant assets, see High-Net-Worth Divorce Attorney.
First Steps, Whichever Path You Are On
Collect your tax returns, recent pay records, account statements and retirement statements. Open a private email account and change passwords on your own accounts. Do not move money, hide assets or delete anything. Local standing orders may already restrict that kind of conduct once a case is filed.
Lisa G. Garza is Board Certified in Family Law by the Texas Board of Legal Specialization and has practiced Texas family law for more than 30 years, with offices in Dallas and McKinney.
Common Questions
How long does a Texas divorce take?
A court generally cannot grant it before the 60th day after filing. Beyond that, it depends on how much is disputed and on the court's calendar.
Do I need to prove my spouse did something wrong?
No. Texas allows divorce on insupportability under Family Code section 6.001. Fault may still matter in some cases, such as in dividing property.
Where do I start?
Gather your financial records, avoid moving money or deleting anything, and find out which county you would file in.