Divorce can be a complex and confusing process, and many people have a lot of questions. Below is a general overview of some common Texas divorce questions that our firm hears. If you are located near Sugar Land, feel free to contact our divorce law firm for more information.
Is Texas a “Community Property” State?
Yes, Texas is one of a few states that follow the community property principles. This means that all the property acquired during a marriage belongs equally to both spouses.
Who Can File for Divorce in Texas?
According to the Texas Family Code, to file for divorce, it is not necessary to have been married in Texas. You simply must reside in Texas for six months straight. The county you file your divorce in, such as Fort Bend County for our Sugar Land divorce clients, must be where you have lived for the last three months straight.
Does Texas Have a Divorce “Waiting Period”?
Yes. Divorces in Texas will not be finalized until at least 60 days have passed from the date the divorce was filed. There are exceptions when domestic violence is an issue, and you should always tell your attorney if this is the case.
Does Texas Have “No-Fault” Divorce?
Yes, Texas allows for no-fault divorces, as well as fault-based divorces, though the overwhelming majority of divorce cases are no-fault. This means neither spouse needs to be blamed for the dissolution of the marriage. Texas law uses the term “insupportability” of the marriage, which is the grounds for a no-fault case.
How Can I Get Alimony (Spousal Maintenance)?
If a judge determines that, after the divorce, you won’t have enough property to support yourself and one of the following applies, then you can be awarded alimony in Texas:
- The spouse who will be paying alimony has been convicted of domestic abuse
- You have a disability that prevents you from supporting yourself
- You’ve been married for over ten years, and you lack the ability to earn sufficient income
- You are the primary caretaker for a severely disabled dependent
Texas limits the amount of alimony that can be awarded in a specific case, which is generally no more than $5,000/month or 20 percent of the payee’s monthly earnings. Of course, there might be some outlier situations, and a Sugar Land, TX divorce attorney can advise you on what you might expect in your case.
Do You Need a Sugar Land Divorce Lawyer?
Protecting your rights and future should be your number one goal throughout your divorce, and the best way to do this is with help from a trusted divorce attorney. Jamie Jordan, PLLC, has handled many different divorce cases in Texas involving many different circumstances. Regardless of your situation, you can count on our law firm to represent and protect your rights.
Whether you are looking for full-service representation or more information about the divorce process, don’t hesitate to set up a consultation today. Learn more about how we can help you with your Sugar Land divorce today. Call us at 281-466-3628 or fill out our contact form.