Simplifying Your Divorce in Texas
Divorce FAQs DIVORCE IS NEVER EASY... BUT IT CAN BE SIMPLIFIED.

Texas Divorce FAQ

Your Divorce Questions Answered

At Simple Texas Divorce, we know that divorce is never easy. As you navigate the process, you will likely encounter a lot of questions. Our Texas divorce attorneys are here to help. Find answers to frequently asked questions below.

If you still have questions, then do not hesitate to contact us online or call us at (940) 236-0972. We serve all of Texas, including Collin, Cooke, Dallas, Denton, and Tarrant Counties.

Can I get divorced in Texas if I was married in another state?

Yes. You can obtain a divorce in Texas as long as one party meets the residency requirements.
Can I still get divorced in Texas if either my spouse or I no longer live in Texas?
Yes. You can obtain a divorce in Texas as long as one party meets the residency requirements. However, you will need a long arm provision, which incurs an additional fee.

What does Pro Se mean?

Pro Se means that a party is representing themselves in a court proceeding without an attorney.

What does uncontested divorce mean?

Uncontested means the parties agree on all issues including property and children.

How long do we have to wait to finalize our divorce?

Texas requires that your divorce be on file for 60 days before you can finalize it.

Can the waiting period be waived?

The waiting period can only be waived in instances of family violence. Should family violence be an issue in your case, please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers to ensure you have appropriate representation. Of course, should you be in current or imminent danger, dial 911 or your local emergency number immediately.

Will my spouse have to be served with papers (citation)?

Your spouse will only have to be served with a citation if he or she will not sign a Waiver of Service. If this is the case, you no longer qualify for the Simple Texas Divorce program. Please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers to ensure you have appropriate representation.

Can my spouse and I agree on a child support amount?

Yes. You can agree to an amount of child support that is either higher or lower than the standard child support. This agreement is subject to approval from the judge.

How much will a divorce cost me?

The Simple Texas Divorce program is a flat-fee program. Please refer to our Services page to determine what type of service fits your case, the fee associated with that service, and the terms and conditions.

Can child support be taken directly out of my spouse’s check?

Yes. A wage withholding order can be sent to your spouse’s employer informing them of the amount of child support to be withheld. The funds will be withheld from your spouse’s pay and will be sent to the State Disbursement Unit who will record the payment and forward it on to you.

If I just moved here, can I file a divorce in this county/state etc.?

Texas requires that you be a resident of the state for six months and a resident of the county where you are going to file for 90 days prior to filing.

Can we get divorced when we have a bankruptcy pending?

While it is possible to start a divorce while in bankruptcy, you will not be able to finalize your divorce while in bankruptcy. You are not eligible for our Simple Texas Divorce program. Please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers so we can assist you.

What if my spouse is in jail?

You can still obtain a divorce in Texas even if your spouse is incarcerated. If your spouse has to be served with citation, your case will no longer be considered uncontested and you will no longer be eligible for a Simple Texas Divorce. However, should your spouse be incarcerated in a facility that offers notary services and your spouse is able to sign a Waiver of Service, then you would be eligible for our Simple Texas Divorce program. Please contact the detention center to learn if that facility provides this service.

What if I can’t find my spouse?

You can obtain a divorce in Texas even in the event you are unable to locate your spouse. If you and your spouse have children, an attorney ad litem will have to be appointed to represent your spouse. If you are unable to locate your spouse, your case will no longer be considered uncontested and you will no longer be eligible for a Simple Texas Divorce. Please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers, to learn how we can best assist you.

Can I make my spouse pay my attorney fees?

If this is an uncontested divorce, your spouse can agree to pay your attorney fees. However, our contract will be with you and you will be responsible for your own fees with our office.

What if my divorce is not finalized this year? How does that affect my taxes?

Our office does not provide legal advice on taxes. Should you have questions on how your divorce can affect your taxes, please consult your accountant.

Who has to pay the household bills while our divorce is pending?

Technically, whoever’s name is on the bills is responsible for payment, but local standing orders typically prevent either party from allowing utilities to be canceled. In an uncontested divorce, you should be able to agree on how the bills will be divided.

Can we get divorced if we are still living together?

Yes. It has become more common with the current state of the housing market and economy for spouses to continue living together while their divorce is pending.

Can we get a divorce if we are still having sex?

Yes. Being intimate with your spouse will not have any effect on your ability to get a divorce in Texas. If, however, a child is conceived between you and your spouse, provisions regarding the child such as conservatorship, possession, and child support will have to be included in your decree.

Can I take money out of my savings account/retirement before the divorce is final?

This answer to this question depends on your jurisdiction. Typically, courts will allow a spouse to use funds to pay for household expenses and attorney fees. It is important to check with your jurisdiction to determine if they have standing orders that regulate the conduct of the parties.

Can I take my spouse off my health insurance or cancel my spouse’s auto insurance?

This answer to this question depends on your jurisdiction. It is important to check with your jurisdiction to determine if they have standing orders that regulate the conduct of the parties.

Can my spouse take the kids away without my consent or knowledge?

Courts that have standing orders often prevent one parent from hiding a child from another parent, but that does not guarantee you will always have as much access to your child as you want. Until some kind of Court orders are in place, you each have equal rights to take or move your children.

Who has to pay the debts from our marriage after the divorce?

In an uncontested divorce, you can agree to divide your marital debts however you want to. In most circumstances, a court will divide them 50/50 or try to assign a party the debts in that party’s name.

Can I get alimony?

Texas does not have alimony. In lieu of alimony, Texas has spousal maintenance. Spousal maintenance is temporary and can only be ordered up to a maximum of three years unless the parties agree otherwise or in cases where one party is disabled.

Can I get a divorce even if my spouse doesn’t want one?

This is an extremely common question for any divorce attorney. In Texas, a divorce can be granted even if one spouse does not want a divorce.

My spouse is cheating on me, so I win in the divorce, right?

Over the years, adultery has become more common in divorce cases. Adultery may result in one spouse getting a higher percentage of the community assets and can affect conservatorship or possession in some instances, but courts have started turning away from awarding a spouse an extremely disproportionate share of the community estate on the basis of adultery alone.

Can my spouse and I use the same attorney for our divorce?

An attorney can only represent one party. However, if you are in agreement on all issues, the attorney can prepare papers for the client based on that agreement. The other party does not have to get a separate attorney.

What is a common law marriage?

In Texas, the requirements for a common law marriage are:
  • The parties have to agree to be married
  • The parties have to cohabitate together after the agreement
  • The parties represented to others that they were married

Do I still need to get a divorce if we are common law married?

Yes, but the difficulty lies in proving the existence of a common law marriage. If a common law marriage is established, it is treated the same as a formal marriage.

Does the mom automatically get the kids?

There is no maternal presumption that it is in the best interest of the child for the mom to have primary custody. The Courts are prohibited from awarding custody of the child to one parent based on gender alone.

Start Your Simple Texas Divorce Application Now

If you have not lived in the state of Texas for longer than 6 months, you do not qualify for a Simple Texas Divorce due to residence limitations. If you have lived in Texas longer than six months, the following questions will apply:

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