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When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

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November 26, 2025

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On behalf of The Powell Law Firm

| Divorce

Frequently Asked Questions About Divorce in Texas

Around half of marriages in Texas will eventually end in divorce. As it can be a complicated, stressful process, it is essential to be fully informed. At The Powell Law Firm, we want to make sure you know your rights, responsibilities, and options. Our divorce lawyer provides answers to some of the most frequently asked questions (FAQs) about divorce in Texas.

Texas Divorce FAQs

How long does it take to get a divorce in Texas?

It depends. A key point is that Texas law imposes a mandatory 60-day waiting period (Texas Family Code § 6.702). The waiting period starts when the petition is filed. Some cases finish shortly after 60 days. However, contested divorce often takes far longer than that.

Do I need to prove fault to get divorced in Texas?

No. Texas allows no-fault divorce based on irretrievable breakdown. Most divorces in Texas are no-fault divorces. With that being said, you may still allege fault. Why does that matter? In some cases, fault can affect property division or spousal maintenance.

How do Texas courts divide property in divorce?

Texas follows the community property system under Texas Family Code § 3.003. Courts divide marital assets in a manner that is “just and right” under § 7.001. A 50/50 split of assets in a divorce is a relatively common outcome, but it is not guaranteed by law.

Can I get temporary orders during the divorce?

Yes, absolutely. The divorce process can take time, and temporary orders are relatively standard. Texas courts can issue temporary orders to address custody, possession schedules, financial support, and property control. These orders maintain stability while the case proceeds.

How does custody work in Texas?

For parents going through a divorce, custody can be a big deal. Texas uses the term “conservatorship,” not custody. Courts apply the best-interest standard. Most cases result in joint managing conservatorship unless evidence shows that the arrangement would not protect the child.

Can I receive spousal maintenance in Texas?

It is possible, but the law is strict in Texas. Spousal maintenance is limited and requires statutory eligibility under state law. The requesting spouse must show an inability to meet minimum reasonable needs and satisfy specific criteria. Courts review the length of marriage, disability, earning capacity, and family violence findings.

What happens if my spouse empties a joint bank account?

The court can treat the depletion as a waste claim. Judges may award the innocent spouse a larger share of the remaining community assets.

Call Our Pearland, TX Divorce Attorney Today

At The Powell Law Firm, we are standing by, ready to help. If you have any questions about divorce in Texas, we can help. Contact us online today for a fully confidential initial consultation. From our Pearland office, we handle family and divorce cases throughout Southeast Texas.

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  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)

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