FAQs about Texas Divorce

Answers to Frequently Asked Questions About Texas Divorce

Knowledgeable advice from a divorce lawyer in San Antonio with nearly two decades of experience

Divorce laws, protocols and procedures are complicated no matter what state has jurisdiction over your case. Even if you and your spouse agree on every single provision regarding the termination of your marriage, there is still paperwork to complete, court appearances to make and filing deadlines to meet if your case is to proceed.

If you or someone you love is considering a divorce in the San Antonio area, contact Joseph P. Appelt, P.C. today. With nearly two decades of experience, we can answer any questions you might have regarding the process. Below are answers to some frequently asked questions:

Texas divorce FAQs

Learn how our knowledgeable divorce lawyer can help you proceed with confidence, not concerns

San Antonio divorce firm Joseph P. Appelt, P.C. offers nearly 20 years of experience with a variety of family law cases. Our office is easily accessible, and we accept all major credit cards and provide free initial consultations. Contact us today online or at [ln::phone]. Se habla espanol.

What are valid grounds for divorce in Texas?

The first thing a San Antonio family lawyer does regarding a divorce case is determine the applicable grounds. Texas law allows no-fault divorces, which require no grounds, but if one spouse is indeed at fault for the dissolution of the marriage, different rules may apply. Valid grounds may include the following:

  • Adultery
  • Abandonment
  • Cruel treatment
  • Incarceration for more than one year
  • Confinement to a mental hospital for at least three years
  • Living apart for at least three years

In a no-fault divorce, grounds still technically exist as insupportability.

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What rules does Texas apply regarding property division?

The court begins by assuming that all property acquired by either spouse during the marriage is community property and is therefore owned equally by both spouses. To prove a certain piece of property is separate, you must prove it convincingly. Gifts or inheritances are normally accepted as separate property, but San Antonio divorce lawyer Joseph P. Appelt can examine your case and advise you regarding your specific situation.

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What residency requirements apply to a Texas divorce?

In order to file for a Texas divorce, one spouse must have resided within the state for six continuous months, and one of the spouses must have been a resident of the county in which the divorce is filed for at least 90 days.

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How long does a divorce take to become final?

The State of Texas does not consider a divorce to be final for at least 60 days after the petition has been filed. At that point, a family court judge may pronounce the divorce complete in open court and sign the decree. In some complex cases, spouses may disagree on many issues or have complicated issues, such as child custody, to consider, and the divorce could take six months to a year, or longer, to finalize.

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Can I get temporary spousal support as my divorce proceeds?

If you are not employed or earn significantly less than your spouse, you might qualify for temporary spousal support while your divorce proceeds. Your attorney can help you detail your specific needs, as there are no legal guidelines for setting temporary spousal support.

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