Frequently Asked Questions About Divorce in Texas

We charge a flat fee, so our fees are tailored to your case. How many children you have, what size your community property estate is, whether your case is agreed or there are disputes; these are a few of the things which affect divorce cases.

Again, this is case-specific. In Texas, there is a 60-day statutory waiting period, meaning that from the date the divorce was filed, a divorce cannot be granted, even if the parties agree on all issues, until at least the 61st day after the filing date (there is an exception for protective order cases). However, all community property must be properly documented and the wages of the paying party documented if there is child support, so typically an agreed divorce takes about 90 days, which is the best case scenario. If the case is contested, meaning there is an attorney on each side and the parties have not agreed, the average is about 6-9 months. Custody disputes may take as long as 12 months.

I love that question. I answer, “Would you do your own dental work?” If you are SURE (and most people are not) that you do not have any retirement or 401k plans (no matter whose name the plans may be in) and have no children, you may be able to represent yourself. If you are willing to do lots and lots of research (online research is questionable) and paperwork yourself; if you can find your way through the maze of the particular court system you are in and can determine what the specific requirements are for that court; if you are willing to invest the time in appearing in court in at least one attempt to get the divorce finalized (a morning wasted, usually), then come back another day and only to be told there is another reason or another step you must take that you did not know about; IF, IF, IF. Lots of “ifs” where you may be taking off work and trying to navigate the maze of rules and courts; it quickly becomes not cost effective to try to do it yourself. Despite what people think, the internet does not have the answers because unless you are an expert, you cannot determine whether what you read on the internet is correct and/or applicable to Texas. A property division in a divorce decree is pretty much set in stone; almost impossible to undo once the divorce is granted. So, if you make a mistake and the language doesn’t give you what you thought you should get, you are out of luck. Children’s issues, while not set in stone, are costly to “fix,” and you may face a time limit during which no changes can be made. In representing yourself, as the saying goes, you have a fool for a lawyer. It amounts to being penny-wise and pound-foolish most of the time to try to be your own lawyer. I wish I had a $1 for every time somebody came into my office and asked me to “fix” a divorce decree that was done without a lawyer.

Lots of factors must be considered, but the most important, barring any alcohol or drug issues, is where the child is presently residing and with whom and, if the parents are still residing together, who has been the parent most involved with the children on a day-to-day basis. It is NOT based on gender, because our Texas laws bar the judge from using gender to decide who will be the custodial parent. Dads who have been very involved are just as likely to get custody as a Mom who has been.

Texas is a community property state. That means the divorce court if the parties cannot agree, divides the community property in a “just and right” manner. Community property is property accumulated during the marriage that a person did not receive as a gift or inherit in some manner. If a person owned property before marriage, that’s separate property, and the court cannot divide it; it stays with the person who acquired it before the marriage. If a person receives a gift or inheritance during the marriage, that’s separate property, and the court cannot divide it. A “just and right” manner, while it can take many variations, usually in Montgomery and Harris County, means a 50-50 split. Other factors can change this percentage, such as a long-term stay-at-home spouse who hasn’t worked in years and has no job skills and various other factors. Even then, the percentage doesn’t usually vary widely from 50-50. See our more in-depth article about property division in Texas divorce.