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 John Powell, 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 John Powell, 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.