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

The Petition for Divorce, which is the first pleading filed in a divorce action, must be on file with the court for a minimum of 60 days before the divorce can be finalized. If the divorce is an agreed divorce, meaning that the parties agree to all terms of the divorce and sign the final decree or a waiver, it can be finalized as soon as the sixty-day waiting period expires. If there is a dispute involving the conservatorship of the children or the division of the martial estate, the divorce proceeding could take much longer.

If both spouses agree to divorce and agree on all the terms that are to be included in the divorce decree, can they use the same attorney?

No. An attorney cannot represent both parties in a divorce action. However, while it is in each party's best interest to obtain an attorney, there is no requirement that both parties be represented by an attorney.

What is legal separation?

There is no legal separation in Texas; the only way to be legally separated in Texas is divorce. If you file for divorce you can request temporary orders from the court to deal with issues such as who will live in the house while the divorce is pending, who will have temporary custody of the children, what the visitation schedule with the children will be and how much temporary child support and/or spousal support will be paid. Temporary orders remain in effect while the divorce is pending.

What is the difference between a restraining order and a protective order?

A protective order will be issued if the court finds that family violence has occurred and is likely to occur in the future. The police can be called to enforce a protective order.

In general, a restraining order is intended to keep a party from harassing, threatening and/or causing physical harm to the other party. A restraining order is also intended to keep a party from draining financial accounts prior to the time that a hearing can be held. A restraining orders is also intended to keep a party from destroying, hiding or selling community assets prior to the time a hearing can be held. In other words the purpose of a temporary restraining order is to help maintain the status quo between the parties until there is a hearing. A restraining order is enforceable in the court that issued it.

Because Texas is a community property state, does that mean all assets will be divided equally?

Not necessarily. If the parties are unable to reach an agreement with respect to the division of the community assets, the court will make a division in a manner that is "just and right." When making a division of the community assets the court can take into consideration many different factors including but not limited to fault in the break up of the marriage, the earning capacity of the spouses, the health of the spouses, and the age of the spouses.

Is alimony available in Texas?

Yes, but only under certain circumstances. The party from whom alimony is sought must have, within a certain time frame been convicted of a crime that constitutes an act of family violence; or, the parties must have been married for at least ten years prior to the time the divorce action was filed. Under the latter requirement, the court must also determine that the party seeking alimony lacks the ability to provide for their own minimum needs. Additionally, there are numerous other factors that the court must consider when making a determination of whether alimony is appropriate in a particular case.

If I am involved in a divorce action will I be required to attend mediation?

If there are contested matters that the parties cannot solve, most likely the court will require mediation.

How much will my divorce cost?

The cost of a divorce depends upon many factors.

Court costs - filing fees are about $177.00 to $240.00, plus the cost of service is about $60.00 to $100.00 or more.

Legal fees - will vary depending on various factors, such as the complexity of the property issues, whether children are involved, and whether or not the parties agree on custody and division of property.

Experts - may be required for valuation of property or for recommendations as to the best interest of the children.

Other costs - Some people decide to do their own divorce, sometimes with costly results:

1. Not really divorced - Sometimes, people who have done their own divorce, but not really understood it have not finished all the paperwork. Consequently, years later, they find out that they were never really divorced. Sometimes, a person receives paperwork from a spouse and thinks they are divorced, but the divorce was never really finalized.

2. Improperly transferred assets - A woman who originally owned a house and solely on the mortgage, transferred the house to her spouse in their do-it-yourself divorce. She then spent much more that the divorce would have originally cost to get the mortgage out of her name. In addition, she suffered high interest rates on her next home purchase because of the effect on her credit when the ex only paid the mortgage payments once every three months.

3. Parental rights - Parents are sometimes shortchanged on their parental rights when they don't understand what rights they are entitled to receive in a divorce or paternity action.