Divorce in Texas FAQs

 

  • What is a “no fault” divorce?

    A no-fault divorce in Texas means a spouse does not need to prove wrongdoing to end the marriage. The most common ground is “insupportability,” which means the marriage can no longer continue due to conflict or disagreement. Most divorce cases in Texas, including those filed in Hidalgo County, are no-fault divorces. This approach can help reduce conflict and speed up the process.

    In the state of Texas, can I marry someone even though I am still legally married to someone else?

    No, Texas law does not allow you to marry another person while you are still legally married. A second marriage entered into before a divorce is finalized is considered invalid. In McAllen and throughout Texas, a divorce must be finalized by court order before a new marriage can legally occur. Doing otherwise can create serious legal complications.

    No, you cannot. This is the definition of bigamy and is illegal in all 50 states. The statute falls under Texas Penal Code – Section 25.01. It is a third degree felony and can carry a prison sentence of 2 to 10 years. Bigamy is defined as having two spouses without either one knowing of the other. It differs from polygamy in that in polygamy, both spouses are aware of the other. Marrying someone while still married to another immediately nullifies the second marriage. On the other hand, if you are in the process of divorcing, it is not illegal to be in a relationship with someone else as long as marriage does not occur until the first is ended with the divorce. However, if one dates before finalization of a divorce, the other spouse can use this situation as adultery, making a divorce proceeding difficult.

  • Can I file for a Texas divorce online?

  • In many counties, including Hidalgo County, Texas, divorce forms can be prepared and submitted electronically. However, filing online does not mean the divorce is automatic or uncontested. Court approval, proper service, and compliance with McAllen divorce laws are still required. Many people consult an attorney even when filing electronically to avoid costly mistakes.

    You are allowed to file for divorce online in Texas through an online program. People do this to avoid attorney and court fees. However, when children and estate are involved, an experienced divorce attorney should be hired to ensure that all things in jeopardy are handled with expertise. An online program cannot provide logical advice and recommendations to see that your case is properly executed.

  • Does Texas allow filing for legal separation?

  • No, Texas does not recognize legal separation. Even if spouses live apart, they are still legally married until a divorce is finalized. For couples seeking protection while separated, Texas courts may issue temporary orders addressing property, finances, and children. This is common in divorce cases across McAllen and the state of Texas.

    The State of Texas does not recognize legal separation; therefore, legal separation cannot be filed by either spouse. Filing for divorce is the only alternative to legally separate from your spouse.

  • What are the grounds for divorce?
  •  Texas law allows both no-fault and fault-based grounds for divorce. No-fault divorce is based on insupportability, while fault grounds include adultery, cruelty, abandonment, felony conviction, or living apart for at least three years. The grounds chosen can affect property division in some Texas divorce cases. Courts in Hidalgo County evaluate each case based on the facts presented.

    Read more about what our family law attorneys in McAllen can do for you:

    In Texas, the Texas Family Code lists 7 valid grounds for divorce:

    1. Insupportability
    2. Cruelty
    3. Adultery
    4. Conviction of a Felony
    5. Abandonment
    6. Living Apart
    7. Confinement in Mental Hospital