Frequently Asked Questions

What are the residency requirements for filing for divorce in Texas?

Answer: In Texas, either you or your spouse must have lived in the state for at least six months and in the county where you intend to file for divorce for the preceding 90 days.

Is Texas a no-fault divorce state?

Answer: Yes, Texas is a no-fault divorce state, which means you can file for divorce without proving that either party is at fault. You can simply state that your marriage has irretrievably broken down.

How is property divided in a Texas divorce?

Answer: Texas follows the principle of “community property.” Generally, assets and debts acquired during the marriage are considered community property and are subject to a just and right division by the court.

How is child custody determined in Texas?

Answer: Child custody decisions in Texas are based on the bestinterests of the child. The court considers factors such as the child’s preferences, the parents’ ability to provide a stable environment, and their willingness to encourage a positive relationship with the other parent.

What is the waiting period for finalizing a divorce in Texas?

Answer: There is a mandatory waiting period of 60 days afterfiling for divorce before it can be finalized. However, the actual timeline can vary based on factors such as court availability and the complexity of the case.

Is alimony awarded in Texas divorces?

Answer: Texas courts may award spousal maintenance (alimony) in certain cases, considering factors like the duration of the marriage, the financial disparity between spouses, and the requesting spouse’s ability to support themselves.

Do I need to hire a lawyer for my divorce?

Answer: While you’re not legally required to have a lawyer, divorce proceedings can be complex. Hiring an experienced attorneycan help ensure that your rights are protected and that you navigate the legal process effectively.

Can child support orders be modified?

Answer: Yes, child support orders can be modified if there is asubstantial change in circumstances, such as changes in income or the child’s needs. You’ll need to file a request with the court to modify the order.

Can I change my child’s last name during divorce proceedings?

Answer: Yes, a request to change a child’s last name can be made during divorce proceedings. The court will consider the best interests of the child when making a decision.

What is the Collaborative Divorce process in Texas?

Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.

Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case..

Contact us today to get the legal help you need:

Headquarters: 3707 Cypress Creek Parkway Suite 400, Houston, TX 77068

Phone: 1-866-878-1005