Texas Divorce FAQs

Family Law Attorney Answers Questions About Divorce in Collin County and Dallas County

Even if your marriage has been struggling for many years, a divorce can still take you by surprise. You may not know what to expect, and you will likely have many questions about the process. At the Law Office of Brian Bagley, we are available to guide you through your divorce and answer any questions you may have along the way. Here, we provide answers to some frequently asked questions about the Texas divorce process that you may find helpful as you prepare to end your marriage.

☛ Can I file for divorce in Texas?

You can file for divorce in Texas if you or your spouse has been a Texas resident for at least the past six months, or if one of you has been stationed for military service in Texas for the same time period. You will need to file suit in the county where you or your spouse has lived for the last 90 days. Since same-sex marriage is now legal in Texas, you can file for divorce if you are in a same-sex partnership and you meet these residency requirements.

☛ Can my spouse claim the divorce is my fault?

A demonstration of fault is not required in a Texas divorce, but you or your spouse may file for divorce on fault-based grounds, including adultery, abandonment, cruelty, and imprisonment for a felony conviction. If the judge finds fault, it can affect the division of assets and any awards for spousal maintenance.

☛ Do I need to hire an attorney for my divorce?

Hiring an attorney has many benefits throughout the divorce process. Your lawyer can help you prepare for the divorce by ensuring that you understand your rights and that you have the documents and information you need to make good decisions. Your attorney will also represent you in negotiations with your spouse, or in court litigation if necessary, to help you protect your interests.

☛ How long does the Texas divorce process take?

In most cases, Texas has a minimum waiting period of 60 days from the filing date before a divorce can be finalized. In the most simple, amicable divorce cases, you may be able to resolve all of the issues at hand within that time frame. However, the process will usually take at least a few months. Contested divorces with complicated disputes can last for close to a year or more.

☛ Will I have to go to divorce court?

Texas offers several alternatives to divorce litigation, including negotiation through informal settlement conferences, mediation, and uncontested divorce for couples with no children and few assets. As such, you can often reach a resolution to your divorce with little court involvement. However, court litigation is much more likely in fault-based divorces, divorces with complex or contentious disagreements, and divorces involving domestic violence.

☛ What is the cost of a divorce in Texas?

The overall cost of a divorce can vary significantly based on a number of factors, including your chosen resolution method, the complexity of the issues that must be resolved, and your attorney. Amicable divorces settled out of court are generally less expensive than contested, litigated divorces. We will help you understand how much your divorce is likely to cost, including our attorney fees and any court costs and other expenses you may incur.

☛ What property am I entitled to in my divorce?

When your marriage ends, you are entitled to sole ownership of all assets that are considered your separate property. This includes assets that you owned before your marriage, assets you received through inheritance during your marriage, and assets defined as separate in a prenuptial or postnuptial agreement. You also have a claim to any community property that you and your spouse acquired during the marriage, but these assets must be distributed fairly between the two of you.

☛ Who gets the kids in a Texas divorce?

If you and your spouse have minor children at the time of your divorce, you will have to work out a child custody agreement addressing managing conservatorship and possession of your children. Texas family courts prioritize the children's best interests in custody decisions and cannot discriminate based on a parent's gender. In most cases, courts prefer joint custody arrangements, or at least arrangements in which each parent has substantial visitation time. However, sole custody may be awarded in cases in which a parent may put a child at risk of harm.

Contact a Plano, TX Divorce Lawyer

If you need answers to your questions and representation for your divorce, contact our office at 972-422-2424 today for a free consultation. We serve clients in Plano, Wylie, Sachse, Lucas, Murphy, Parker, and the surrounding areas throughout Collin County, Tarrant County, Dallas County, and Denton County.