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Frequently Asked Questions About Divorce In Texas

The process of divorce can be complex, and many questions might arise when deciding if divorce is the right path. Here are some frequently asked questions that might help you move forward to a happier and safer future. Read on to learn about them and contact our Texas divorce lawyers with any questions.

How Do I Start The Divorce Process in Texas?

Before filing for divorce in Texas, you should determine if you meet the residency requirements to file in the state of Texas and your county. Learn about Austin’s residency requirements and San Antonio’s residency requirements and how to file for divorce in Dallas.

To start a divorce in Texas you will need to petition the court for a dissolution of marriage. Read about where to file for dissolution of marriage in San Antonio or where to file for dissolution of marriage in Austin. Please contact our Texas divorce lawyers if you have any questions regarding how to start the divorce process.

Does A Texas Divorce Include Child Conservatorship & Child Support?

Yes, a divorce case can be filed with or without children. If the divorce is filed with a parental agreement child support is addressed as well. Get an estimate of what your child support payments might look like by using our Texas child support calculator.

Do I Have To Go To Court For An Uncontested Divorce?

Yes, you will have to meet with the judge for an uncontested divorce, however, if all items are uncontested, you will only need to meet with a judge to sign your agreement creating a court order thereby finalizing the divorce.

What Is A Wife Entitled To In A Texas Divorce?

A wife has the same rights as the husband in a Texas divorce, which may include spousal support, marital property division, and if children are involved, conservatorship rights.

How Do I Protect Myself Financially In A Divorce?

It’s important to set feelings aside when dealing with property division in a divorce case and try to keep a clear mindset while assessing your assets and debts that will be divided during the divorce process.

Most find it best to hire an experienced divorce attorney to help them protect their finances during a divorce. When choosing an attorney, look for one who prioritizes mediation or collaborative divorce over litigation. Structured procedures where both spouses negotiate solutions to their financial and other disputes are preferred, as both parties tend to fare better. A divorce lawyer can also help you take inventory of your assets and debts so you fully understand where your money is.

How Much Does A Texas Divorce Cost?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

Learn more about what goes into the cost of a divorce in Texas by viewing our fees & costs page or exploring our Texas family law calculators.

How Long After I Move To Texas Can I File For Divorce?

You must reside in Texas for 6 months before you can file for divorce. After 6 months you are considered a resident of Texas.

How Long Does It Take To Get Divorced?

A divorce takes at least 60 days from start to finish. Usually, an uncontested divorce can be completed in those 60 days but if parties do not agree on something expect the process to take longer.

What Does Community Property Mean In Texas?

Community property is any property that has been acquired during the marriage. This property includes items such as a house, a car, a small business, etc.

Can A Husband Get Alimony In A Texas Divorce?

A husband has the same rights as a wife in a divorce, which include alimony, child conservatorship, property division, etc.

Be advised that not all cases are the same. Even though all laws are the same, the outcome for you may not be the same for someone else. For a better understating of your case and what the process of divorce could possibly look like for you be sure to reach out to an experienced family attorney who can provide information that will help guide you and make your decision easier to comprehend.

Modern Family Law

Modern Family Law’s team of experienced Texas divorce lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Learn about our divorce lawyers in Austin our divorce lawyers in San Antonio and our divorce lawyers in Dallas. Let us make a positive difference in your life.



8701 N Mopac Expy, STE 105,
Austin, TX 78759

(737) 252-7395


90 NE Interstate 410 Loop #700,
San Antonio, TX 78216

(210) 981-6736


7557 Rambler Road #956,
Dallas, TX 75231

(469) 871-8050

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