Frequently Asked Questions About Texas Divorce
When going through a divorce, there are many unknowns. Having an attorney who understands the law is crucial. Reuter Law Group, PC, has represented clients in San Antonio and throughout Texas. We are here to explain your options and help you understand potential solutions. You may find the answers to some of the commonly asked questions below helpful.
How long does the divorce process take?
Every divorce case is different, and it depends on the specifics of your case. If there are no contested issues, a divorce can be finalized in 60 days after the petition is filed. For those who disagree, it can last a year or longer.
Do I have to have a reason for my divorce?
We are a “no-fault” state. This means that you do not need to include the reason for filing. That being said, a judge will take into consideration the grounds for divorce. This can have an impact on how they divide your assets. Because of this, you may want to include your reasoning when you file.
How will my property be divided?
We are a community property state, which means that anything acquired during the marriage can be divided. If you cannot reach an agreement, a judge will determine what they think is fair. It’s important to know that this does not mean the property is split 50/50.
What is an uncontested divorce?
When both parties agree to separate, it is considered an uncontested divorce. This usually speeds the process up and makes the process easier. However, it means you have to agree on all of the terms. This includes the division of assets and custody of any children.
Will I have to pay alimony?
Alimony, known as spousal maintenance in Texas, does not apply in every case. Texas law only provides for maintenance if certain factors apply, including a conviction of a family violence offense, the requesting spouse cannot earn enough income for support for a variety of reasons, custodial care for a child who requires substantial care, or the couple was married for 10 years or more and the requesting spouse has a need.
Do we need to be legally separated before we can divorce?
No. Some states require couples to file for legal separation before they can file for divorce. That is not the law in Texas. After you file for divorce, you can ask for temporary orders regarding issues such as custody, child support and who stays in the house.
Can I divorce my spouse who is on active duty in the military?
Your spouse can choose to postpone a divorce action while they are on active duty under the Servicemembers’ Civil Relief Act, but if you both agree to the divorce, they may waive that right. Military divorces present a unique set of challenges and laws. We highly recommend you find a divorce attorney familiar with these laws.
Who will get to stay in the house?
You and your spouse can come to an agreement regarding the house, just as you can make an agreement regarding all of your marital property. When you divide all the marital property, one of you can take the house as part of your share. If you cannot agree, you may have to ask the judge to decide for you, or you could end up selling the house and splitting the proceeds.
Have Your San Antonio Divorce Questions Answered By Our Legal Team
After reading through the frequently asked questions above, contact our office to schedule a consultation. To reach someone in our Alamo Heights location, call 210-761-6184 today. You can also send us an email.