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How long does it take to get a divorce?
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| 2. |
Where can I file for divorce?
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| 3. |
How is property divided between spouses in a divorce?
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| 4. |
If my spouse and I have agreed to all the relevant terms, what is the general procedure for obtaining and finalizing the divorce?
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| 5. |
Does it matter who files the divorce first?
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How much does a divorce cost?
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| 1. |
How long does it take to get a divorce?
If the spouses have reached an agreement on all of the relevant issues, a divorce may be obtained on the 61st day after the divorce petition was filed. If an agreement is not possible and the case must be tried, the length of time is primarily dependent on the Court's docket. In Harris County, most divorce cases are set for trial within six to twelve months after the divorce petition is filed.
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| 2. |
Where can I file for divorce?
You can file for divorce in a county in which either you or your spouse has lived for at least 90 days, as long as that same person has lived in Texas for at least six months.
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| 3. |
How is property divided between spouses in a divorce?
The Texas Family Code requires that the Court divide the community property of the spouses "in a manner that the Court deems just and right." This means the Court is not required to divide the property 50-50 and can consider a variety of factors in deciding what is "just and right." These factors can include fault in the divorce, disparity in earning power, disparity in amount of separate property, etc.
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If my spouse and I have agreed to all the relevant terms, what is the general procedure for obtaining and finalizing the divorce?
It is common for spouses to believe that they have an agreement, but they actually have not addressed all the necessary terms, such as child custody or support, or property division. Assuming all required terms are agreed to in advance of filing, the divorce can be a relatively simple legal procedure. The attorney for the Petitioner (the filing spouse) files the divorce petition and either has the petition served on the other spouse or the other spouse executes a Waiver of Service. The Petitioner's attorney then drafts an Agreed Final Decree of Divorce and any other necessary documents, which are reviewed and signed by the other spouse. The other spouse is free to hire or consult with an attorney of his or her own. After the parties and attorneys sign the necessary papers, the Petitioner and his attorney then go to court for a hearing to have the Court enter the Decree and other documents.
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Does it matter who files the divorce first?
Yes. There are very slight procedural advantages to filing first: for one thing, the person who brings the case first gets to talk first, and sometimes first impressions are lasting impressions.
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| 6. |
How much does a divorce cost?
The cost depends on several factors:
- whether you and your spouse can reach an agreement regarding the division of property and custody of your children,
- how long the case has to be litigated before that agreement is reached,
- whether temporary orders are necessary,
- whether mediation is necessary,
- whether a trial is necessary,
- whether discovery is conducted,
- how reasonable your spouse and your spouse's attorney are (or aren't) throughout the process.
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