Dallas Divorce FAQ

How long does it take to get divorced?

This varies based upon the issues involved and whether agreements can be reached. However, Texas has a minimum 60 day waiting period. So, even if everything was agreed the day you walk in the door, it will take 60 days. The 60 days begins running from the day the original divorce petition is filed with the clerk.

How long do I have to live in the county before I can file a divorce?

You must have lived in the State of Texas six months and the county 90 days.

What is no-fault divorce?

Texas is considered a “no-fault” state. This means you the reason for divorce is the breakdown of the marriage such that it can not survive and there is no reasonable chance of a reconciliation. It is not necessary to place blame on any particular person or issue. However, fault grounds such as adultery, cruelty, abandonment, prison, and mental illness are still on the books and can be filed.

When we got married, my husband owned the house we live in. We have made the mortgage payments for the last fifteen years. Do I have any ownership interest?

No, you do not have any ownership interest. However, you do have a reimbursement claim for all of the monies the community spent which enhanced the value of the house; such as reduction of the mortgage or improvements made to the house.

What is community property?

All property acquired during a marriage is presumed community and subject to being divided by the Court on divorce. Certain categories of property are considered separate and the other spouse can make no claim on this property. This is property that was owned prior to marriage; gifts; or property acquired through inheritance. There are many variations of this rule such as income from separate property is community even though the property itself is separate. The spouse claiming separate property has the burden to prove the property is separate by clear and convincing evidence.

Can I get more than 50% of the community property?

The simple answer is yes. The Court has the power to give one spouse more than 50% based upon a variety of factors. These factors are things such as fault (adultery, cruelty, etc.); disparity of income; income potential; value of separate property estate; physical health; custody award; and attorney fees paid.

Can I get alimony?

Texas has a limited alimony statue. One basis for alimony is if a spouse has been convicted of a criminal offense that constitutes family violence within two years of the date the divorce is filed. Another basis is if the marriage is a ten year or longer marriage.; the spouse seeking alimony lacks sufficient property, including what is awarded in the divorce, to meet their minimum reasonable needs, and, the spouse us unable to support themself because of a physical or mental disability or is the custodian of a child that requires substantial care and personal supervision such that the spouse can not be employed outside the home or the spouse seeking support lacks earning ability in the labor market sufficient to provide support adequate for their minimum reasonable needs.

These requirements apply to court-ordered alimony. The parties can agree contractually to any alimony provision.

How much alimony can I get?

The lesser of $2500.00 or 20% of the spouse’s average monthly gross income.

Can I live with someone and still collect alimony?

No. Court-ordered alimony terminates on the death of either party; remarriage of the person receiving support; or cohabitation with another person in a permanent place of abode on a continuing, conjugal basis.

Contractual alimony is determined by the terms of the contract.