Divorce FAQs

Divorce is when a marriage is dissolved through a court decree. Divorce usually involves provisions for child custody, child support, and division of property. Once a divorce is final, the former husband and wife are no longer married.

No, a divorce does not occur unless a request for one has been brought before the court. You may remain legally separated for an X amount of years but the marriage will not end without a divorce. However, in the state of Texas, legal separation is not recognized. If you are a Texas resident, you may live separately but the state will still recognize your spouse and yourself to be legally married.

Unlike a divorce, a legal separation does not end a marriage. It basically allows a couple to live separately while remaining married. Factors such as division of assets, child support, child custody, etc. can be included in the separation. The couple will honor a separation agreement, wherein the aforementioned will come into play. If the couple decides to divorce while separated and are satisfied with the stipulations of the separation agreement, the terms listed therein may carry over into the divorce settlement agreement. There is no legal separation in Texas.

Although it is not criminal offense to become romantically involved with someone other than your wife or husband during your divorce, we highly suggest you do not do this until after the divorce is settled. Doing so is committing adultery. Despite adultery not being illegal in the state of Texas, it’s quite possible that your spouse may use the incident against you in court or during divorce proceedings. As the state recognizes adultery as infidelity, your spouse may file a suit against you for punitive damages or punishment as it violates certain Texas civil laws.

Yes, it is possible to file for divorce if your spouse is incarcerated in the state of Texas. If, for any reason, your spouse is cited, then the divorce will no longer be uncontested. Therefore, you and your spouse will no longer hold eligibility for a Simple Texas Divorce.

It is recommended for one of the spouses to leave the house should there be any tension. One leading cause of divorce is domestic violence, usually for the woman. Tensions could increase if the divorce proceedings become strained. However, if there is no tension and the decision for divorce is mutual, then remaining in the same home is preferred.

Couples who are struggling with their marriage normally try to find a way to fix their problems, especially if there are children involved. But there are those couples that just can’t seem to work it out, even after trying couples counseling, talking it out, etc. Marriage problems can either be situational or chronic. If you have issues with your spouse that challenges your beliefs or morals, chances are the marriage won’t last.

You have the right to list anyone you wish in your will. If you have an ex-spouse that you remain close to, you have the right to grant them an asset. In doing so, it is important to identify them specifically by name, address, birth year and your relationship to him/her. Although it may be possible your family will not agree with you including him/her as a beneficiary, you have the right to do so and upon your death, the will becomes final and must be recognized by the court.

During the divorce process, a spouse usually removes his or herself from the residence. However, in some cases a spouse may choose to remain in the house. Throwing your spouse out is not an option unless you want to cause additional complications. In the event your life is in danger because of physical violence or abuse, a judge can hold a temporary hearing stating that the abusive spouse needs to move out immediately.

Yes, either a man or a woman in a marital union can file for a divorce and must state their grounds for divorce.

A contested divorce is when a couple cannot reach agreements during a divorce process regarding issues, such as:

• Child custody
• Financial responsibility
• Child support

An uncontested divorce means that the divorce is not taken to trial for a judge to decide matters, because both parties have agreed on the divorce and terms of settlement. It is an easier and cheaper process making it more convenient for both parties.

Many people experience feelings of guilt because they are emotionally trying to cope with the reality of the situation. They contemplate ideas including “what could be,” “can’t we just work it out,” or “I just want out already.” It is normal that haunting questions or possibilities during the divorce process leave you in a harsh state of guilt.

If you feel that your life is in danger, discuss the matter with your attorney for advice on how and under what circumstances you can file a restraining order.

During the divorce decree, there is a “Restoration of Former Name” request in which you could have your maiden name restored for free. You must request copies of any paperwork regarding this matter.

The process usually requires a six-month waiting period from the date the divorce petition is filed.

If the divorce is going to happen, find out if your assets, such as the car you purchased, are owned by you or are half owned by your spouse. If you live in a “community property” state, your spouse will own half of everything you’ve acquired during your marriage, even your paycheck.

Unfortunately, the answer is yes. There are steps that can be taken so that you don’t find yourself in financial ruin. The steps must be done civilly and legally in agreement with your spouse.

Property is generally divided equitably between two spouses when the court grants a divorce. The division of property is decided in accordance with the Equitable Distribution Law.