FAQs

Do Mothers Still Have an Advantage in Getting Primary Custody?

Texas law is gender neutral so that the court cannot consider the gender of the parents in awarding primary custody.

What is “Community Property”?

All property acquired during the marriage, except separate property as defined below. Community property is the property that is divided in a divorce.

Can I Keep the Property I had Before the Marriage?

Yes, “separate property” cannot be divided in a divorce. Separate property also includes inheritance and gifts.

How Long Do I Have to Live in Texas to File for Divorce?

Six months in the state and ninety days in your county.

Are We Married? (Common Law)

The general requirements for a common law marriage: 1. Both parties must agree they are married. 2. Both parties must present themselves as married. Example: tax returns, leases, or bank accounts. 3. Parties must live together.

Will I have to Pay / Will I Receive Alimony?

Alimony is ordered in limited circumstances.

How Long Does It Take to Get a Divorce?

Texas law requires a minimum of 60 days to finalize divorce.