Divorce FAQs

  • What is Divorce?

    Divorce is the legal process of ending a marriage under Texas law. In McAllen and throughout Hidalgo County, a divorce resolves issues such as property division, child custody, child support, and spousal maintenance. Texas is a “no-fault” divorce state, meaning a marriage can be dissolved due to in-supportability without proving wrongdoing. A family law attorney can help ensure your rights are protected throughout the process. For more details, visit our Family Law Attorneys page.

  • If My Spouse And I Are Going Through A Divorce, Are We Automatically Legally Separated?

    No, Texas does not recognize legal separation, even if you are living apart during a divorce. In Hidalgo County, spouses remain legally married until the court finalizes the divorce. This means marital property rules and certain legal responsibilities still apply. Temporary court orders can help clarify rights while the case is pending.

    Learn about a few ways to handle spouse matters during a divorce:

    What Starving Out The Other Spouse Means

    What to Expect During a Divorce

  • 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.

  • What Is The Difference Between A Divorce And A Legal Separation?

  • In Texas, divorce legally ends the marriage, while legal separation is not recognized at all. Some states allow couples to separate legally, but in McAllen and across Texas, your options are limited to divorce or informal separation. Without a divorce decree, spouses are still legally married. Temporary orders can address living arrangements and finances during the process.

    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.

  • Can I Enter A New Relationship During My Divorce?

  • Legally, Texas law does not prohibit dating during a divorce. However, in Hidalgo County divorce cases, a new relationship could complicate matters such as child custody or property division. Judges may consider how new relationships affect children’s well-being. It’s often wise to proceed cautiously until the divorce is finalized.

    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.

  • Will I Be Able to File for Divorce if My Spouse is in Jail?

  • Yes, you can file for divorce in Texas even if your spouse is incarcerated. If you meet residency requirements in McAllen or Hidalgo County, the court can still process your case. Special service rules apply to notify an incarcerated spouse. The process may take longer, but it remains legally available.

    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.

  • If I Move Out of the House Voluntarily, Will it Affect My Divorce Proceedings?

  • Moving out does not automatically harm your divorce case in Texas. However, in Hidalgo County courts, it may impact temporary custody or use of the marital home. Judges look at stability, especially when children are involved. It’s best to seek legal guidance before making major housing decisions. 

    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.

  • What do I do if my spouse and I can’t fix our marriage?

  • If reconciliation is no longer possible, filing for divorce may be the next legal step. Texas allows no-fault divorce based on insupportability, meaning neither spouse has to prove blame. In McAllen, the court can issue temporary orders to protect finances and children early in the case. Speaking with a family law attorney can help you understand your options.

    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.

  • Can I list an ex-spouse as a beneficiary in my will?

  • Under Texas law, divorce generally revokes beneficiary designations for an ex-spouse unless the will clearly states otherwise. This applies in Hidalgo County probate matters as well. If you want your former spouse to remain a beneficiary, your estate plan must be updated after the divorce. Reviewing your will is strongly recommended.

    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 a divorce, can I throw my spouse out of the house?

  • No, you cannot legally force your spouse out of the marital home without a court order. In McAllen divorce cases, both spouses typically have equal rights to the residence. A judge may grant exclusive use of the home through temporary orders if safety or conflict is an issue. Law enforcement usually cannot intervene without court authorization.

    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.

  • Do both spouses have the option of filing for divorce?

  • Yes, either spouse may file for divorce under Texas law. As long as residency requirements are met in Hidalgo County, one spouse can initiate the process without the other’s consent. The filing spouse is known as the petitioner. The other spouse has the right to respond.

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

  • What is a contested divorce?

  • A contested divorce occurs when spouses cannot agree on one or more key issues, such as property division or child custody. In McAllen courts, these cases often involve hearings, negotiations, or even a trial. Contested divorces typically take longer and cost more than uncontested cases. Legal representation is especially important in these situations.

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

    • Child custody
    • Financial responsibility
    • Child support
  • What Is An Uncontested Divorce?

  • An uncontested divorce means both spouses agree on all major issues before going to court. In Hidalgo County, this can significantly shorten the process and reduce legal costs. Even in uncontested cases, Texas law requires a minimum 60-day waiting period. The judge still reviews the agreement before approving the divorce.

    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.

  • Is It Normal To Have Feelings Of Guilt During The Divorce?

  • Yes, feelings of guilt are very common during divorce. Many people in McAllen experience emotional stress tied to family changes, finances, and children. These feelings do not mean you are making the wrong decision. Emotional support and legal guidance can help you navigate this transition.

    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.

  • Can I File A Restraining Order Against My Spouse?

  • Yes, Texas law allows you to request a restraining order or protective order if there are safety concerns. In Hidalgo County, courts may issue temporary orders to prevent harassment, threats, or violence. Evidence is typically required to support the request. These orders can be issued quickly in urgent situations.

    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.

  • Can I get my maiden name back?

  • Yes, Texas courts commonly allow name restoration as part of a divorce decree. In McAllen, you can request to return to your maiden or former name during the divorce process. There is no additional lawsuit required. Once the divorce is finalized, the court order serves as legal proof for name changes.

    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.

  • How long is the divorce process before it is final?

  • Texas law requires a minimum 60-day waiting period from the date of filing. In Hidalgo County, uncontested divorces may finalize shortly after that period ends. Contested cases can take several months or longer, depending on complexity. Court schedules and spousal cooperation also affect timing.

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

  • How do I get my finances ready if I am about to file for divorce?

  • Start by gathering financial documents such as bank statements, tax returns, and retirement account records. In McAllen divorce cases, full financial disclosure is required under Texas law. Creating a clear picture of assets and debts helps protect your interests. Budgeting for post-divorce expenses is also important.

    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.

  • Can credit score be affected during a divorce?

  • Yes, a divorce can impact your credit score, especially if joint debts are involved. In Texas, creditors are not bound by divorce decrees and may pursue either spouse for unpaid balances. Missed payments during a Hidalgo County divorce can lower credit scores. Closing joint accounts when possible can help reduce risk.

    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.

  • What Happens To My Property After Divorce?

  • Texas is a community property state, meaning most property acquired during marriage is divided fairly, though not always equally. In McAllen courts, judges consider factors such as earning capacity and fault in the breakup. Separate property may remain with its original owner if properly proven. A clear inventory of assets is essential for a fair outcome.

  • More Divorce Law Resources
    If you prefer video explanations, our attorneys also publish short educational videos covering Texas divorce topics, timelines, and common questions.

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    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.