Question 1

How long does divorce take in Texas?

Accepted Answer

Texas divorce takes a minimum of 60 days from the date of filing. Simple agreed cases may be finalized shortly after the 60-day period. Contested cases typically take 6 to 18 months depending on the complexity of issues, court docket, discovery, and whether the case settles or goes to trial.

Question 2

What is the 60-day waiting period?

Accepted Answer

Texas Family Code §6.702 requires a 60-day waiting period from the date the Original Petition for Divorce is filed before the court can grant a divorce. This period cannot be waived except in limited circumstances involving family violence. The waiting period begins on the filing date, not the date of service on the other spouse.

Question 3

Can I get a divorce without my spouse's cooperation?

Accepted Answer

Yes. Texas allows divorce without the other spouse's consent or participation. If your spouse refuses to respond or participate, the court can enter a default judgment after proper service of process and the expiration of the 20-day answer period. A non-participating spouse loses the ability to present their side of the case, which affects their rights to property and, if applicable, custody.

Question 4

What happens to our house in a Texas divorce?

Accepted Answer

The family home is community property if purchased with marital funds during the marriage, regardless of whose name is on the deed. Options include: one spouse buying out the other's equity (typically by refinancing), selling the home and dividing proceeds, or a deferred sale arrangement (often used when children are in school). The marital home is one component of the overall community estate and is considered alongside all other assets and debts.

Question 5

How is debt divided in a Texas divorce?

Accepted Answer

Debt incurred during marriage is presumed to be community debt. The divorce court can assign responsibility for debts to either spouse, but this assignment does not bind creditors — if your spouse is ordered to pay a joint debt and defaults, the creditor can still pursue you. The cleanest solution is to refinance joint debts into individual accounts or pay them off with proceeds from asset sales as part of the divorce.

Question 6

What is a QDRO?

Accepted Answer

A Qualified Domestic Relations Order (QDRO) is a separate court order that instructs a retirement plan administrator to divide a retirement account between divorcing spouses. It is required to divide 401(k) plans, pensions, and most employer-sponsored retirement accounts. Without a properly drafted QDRO, the non-employee spouse receives nothing from the retirement account even if the divorce decree provides for a share. QDROs must comply with both the divorce decree and the specific plan's requirements.

Question 7

Can I get spousal maintenance in Texas?

Accepted Answer

Court-ordered spousal maintenance in Texas is available only in specific circumstances under Texas Family Code §8.051: the marriage lasted at least 10 years and the requesting spouse cannot meet minimum reasonable needs; the other spouse was convicted of family violence; or the requesting spouse has a qualifying disability. Even when eligible, maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. The parties can also agree to contractual alimony, which is not subject to the statutory caps.

Question 8

What if my spouse hides assets?

Accepted Answer

Both spouses have a fiduciary duty under Texas law to disclose all community assets and debts. When concealment is suspected, discovery tools — including Requests for Production, subpoenas to banks and financial institutions, and forensic accounting — can identify hidden assets. Courts take concealment seriously: a spouse who hides assets breaches their fiduciary duty, and courts may award the innocent spouse a disproportionate share of the community estate or impose sanctions.

Question 9

How does having children affect the divorce?

Accepted Answer

Divorce involving children requires additional proceedings addressing conservatorship (decision-making authority), possession and access (who has the children and when), and child support. Temporary orders for children are typically needed early in the case. The court must find that all child-related provisions are in the children's best interest. These issues are often the most contested and emotionally difficult parts of a divorce with children.

Question 10

What is mediation and is it required in Texas divorce?

Accepted Answer

Mediation is a structured negotiation process with a neutral third-party mediator who helps the parties reach agreement. Most Collin County courts require mediation before trial in contested cases. The mediator has no authority to impose an outcome — any agreement is voluntary. Mediation is confidential, and the vast majority of cases that reach mediation resolve there, avoiding the cost and uncertainty of trial.

Question 11

Can divorce terms be changed after the decree is signed?

Accepted Answer

Property division in a final divorce decree is permanent and cannot be modified by either party, with very limited exceptions (fraud, duress, or mutual mistake). Child-related provisions — custody, possession, and child support — can be modified after the decree if there has been a material and substantial change in circumstances since the last order was signed. Spousal maintenance can be modified if circumstances have materially changed.

Question 12

Do I need a lawyer for an agreed divorce?

Accepted Answer

While Texas does not legally require an attorney for an uncontested divorce, the Final Decree of Divorce is a permanent court order that is extremely difficult to modify after it is signed. Mistakes in drafting — how property is divided, how retirement accounts are addressed, how parenting provisions are written — can have lasting consequences. Attorney review of an agreed decree is one of the most cost-effective investments you can make in any divorce.

Lisa G. Garza — Divorce Attorney

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