5 Facts to Know Before Filing For Divorce in the State of Texas

By | May 16, 2018

Divorce can be a stressful time, as it represents more than just a separation. For many, divorce goes hand in hand with a number of important changes in lifestyle, living arrangements, and life plans.

In spite of the challenges, however, divorce can also be a first step on the road to a better life. If you have made the decision to leave an unhappy situation and are unsure of how to proceed, researching divorce laws in your state is a good place to start. In this article, we will discuss a few facts about
Divorce in Texas that you should know.


1. Certain Requirements Must Be Met For Divorce In Texas

Texas is a “no-fault” divorce state, which means divorce can be filed on the grounds of insupportability — in other words, a discord of personalities. That being said, one should not get the impression that divorce in Texas is always going to be quick and easy. The state of Texas requires a 60 day waiting period between the filing and finalization of a divorce. Two other residency prerequisites also apply:

● One spouse must have been a Texas resident for at least six months before the divorce can be filed in the state.

● One spouse must have been a resident of the county for at least 90 days before divorce can be filed in that county.


2. Spouses are Forbidden From Taking Certain Contentious Actions During the
Divorce Process

This is a good thing because it means your spouse will not be able to seek revenge on you by doing things like closing your bank account, canceling your credit card, taking your children out of state, changing your children’s’ schools, or altering your life insurance policy.

As a temporary measure, the court may also make a few decisions regarding the living arrangements and financial responsibilities of the couple until divorce procedures have been finalized. Examples of this include:

● Who lives in which property.

● Who may drive which vehicles.

● Who pays which bills.

● Temporary child and/or spousal support.

● Temporary custody arrangements for children.

● Temporary possession/care for family pets.


3. The State of Texas Strictly Defines Child Support Payments

Child support payments after a divorce in the state of Texas are calculated according to a sliding scale: the party ordered to pay support must make payments equal to 20% of their income for one child, 25% for two children, 30% for three children, etc. up to a max of 40%. Another important point to keep in mind: alimony is rarely awarded in Texas, so it’s generally safer to assume that you will not receive any funds in this way.


4. Laws Exist to Protect Your Private Information, Even in a Divorce

You may have heard horror stories of people being forced to turn in their social media conversations, publicly expose their medical records, or otherwise compromise their privacy during a divorce hearing. Though this is certainly possible, it is important to keep in mind that a number of laws exist to protect your privacy — for example, records may only be released if they are relevant, and in many cases, you can request that such records be for the judge’s eyes only.


5. Finalizing A Divorce in Texas Requires a “Prove Up” Hearing

A prove up is a final review of your case by a judge. This process usually takes a mere 5 to 10 minutes, and in fact only one of the two parties involved in the divorce needs to attend. Such a process can sometimes be nerve-racking, but keep in mind that the vast majority of prove-ups are uneventful, and it is exceedingly rare for a judge to not approve a divorce during this process. Once the prove-up is over, the judge will finalize the proceeding, and you will be officially divorced.


Need Help Filing for Divorce?


US Legal Pro
is your go-to site for electronic divorce filing, made easy. Visit us online today to learn more about filing for divorce in Texas — we can help you get through this difficult process quickly and efficiently so that you can get on with your life!

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