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Frequently Asked Questions About Obtaining A Divorce In Texas

Going through a divorce is one of the most challenging times of your life. Like any period of transition, it can be hard to let go of your old relationship and step into a new future. At Rose Sanders Family Law, in Houston, our attorneys help clients throughout Harris County navigate the complex divorce process. Attorneys Erica Rose and Charles Sanders are here to answer your questions, but in the meantime, please see some answers to frequently asked questions about the divorce process in Texas:

How long does it take to get a divorce in Harris County, Texas?

After you file your divorce petition, Texas requires a 60-day waiting period before your divorce can be finalized. However, depending on the complexity of your divorce and the surrounding circumstances, including children and asset division, a divorce can take months to a year to complete.

Can you get a divorce in Texas without going to court?

Every divorce is different and ranges in terms of how complicated the negotiations and settlements will be. It is possible to get a divorce without going through a dramatic court battle if your divorce is uncontested. An uncontested divorce happens when both parties agree on critical issues, including child custody and property division. However, at least one spouse must answer questions before a judge in a final “prove up” hearing.

Can a spouse refuse a divorce in Texas?

No, a spouse cannot refuse a divorce, but they can delay the process and make it more difficult than it needs to be. Texas is a no-fault divorce state, meaning that one spouse does not have to prove fault to file for divorce. The no-fault divorce system allows you to pursue your divorce even when your spouse refuses or delays the proceedings. If your spouse refuses to accept the divorce, a hearing and a trial may occur to decide. Typically, the judge will decide to grant the divorce and sign the decree on behalf of the refusing spouse.

Is spousal support mandatory in Texas?

Spousal support is not mandatory. When a spouse seeks spousal support, a judge will determine if they meet the eligibility standards required under Texas law. To be eligible, the marriage must have lasted a minimum of ten years, and the party requesting support must be unable to earn enough to cover their basic needs.

What is the ten-year rule for divorce in Texas?

In Texas, in order to qualify for spousal support or alimony, the marriage must have lasted at least ten years.

Get In Touch To Have Your Questions Answered

Every divorce case is unique; you may have other concerns and questions. From filing for divorce to fighting for your right to keep your property and see your children, you can rely on our attorneys’ years of experience helping clients in Harris County with their divorces. Contact us today at Rose Sanders Family Law, by calling 713-766-9082 or emailing the firm directly to schedule a consultation.