Divorce Frequently Asked Questions
Let us help answer some of the most common questions people have about divorce
Even uncontested divorces present some very complicated, but important, questions. If you are considering divorce, here are some of the questions that may have come up:
How long does it take to get a divorce?
There are mandatory wait times in Texas to have a divorce finalized. This means that even an amicable divorce where you and your spouse agree on everything will still take a certain amount of time. State law requires that a minimum of sixty days pass from the date you Original Petition for Divorce is filed before a final divorce can be granted. Additionally, the residency requirements might also delay your divorce. You or your spouse must have been a Texas resident for at least six months prior to filing for divorce. Also, you or your spouse must have been a resident of the county in which you are filing for the 90 days preceding the petition filing. Even after all of this, the thing that will cause the longest delays in finalizing a divorce is when spouses fall into disagreement on key aspects of the divorce. A contentious divorce can take months to complete.
How much is a divorce going to cost me?
The answer to this question can greatly vary. It is difficult to predict how much a divorce is going to cost because each situation is so different. The cost will largely rest on the issues that are contested. The more issues that need to be resolved, the more expensive the divorce will likely be.
What are the grounds for divorce?
Texas law provides seven grounds for divorce, including:
· Insupportability (most like what you may hear others refer to as “irreconcilable differences”)
- Living apart for at least three years
· Confinement in a mental hospital for at least three years with a mental disorder that is unlikely to improve
- Felony conviction
Can I get spousal maintenance?
In Texas, you can only get spousal maintenance under two circumstances. The first circumstance is if your spouse was convicted or received deferred adjudication for family violence within two years of the petition for divorce filing or while the divorce is pending. The other circumstance is if the marriage lasted for more than ten years, you do not have sufficient assets to support your “minimum reasonable needs,” and you either:
· Cannot support yourself due to a physical or mental disability;
· Are the custodian of a child who needs substantial care due to a physical or mental disability and whose care prevents you from obtaining employment; or
· You do not have the earning ability to provide for your minimum needs.
If you are eligible to receive spousal maintenance, the court will evaluate statutory factors to determine the amount you will receive. The court is unable to order your spouse to pay more than $2,500 or 20% of his or her gross monthly income, whichever is less.
These questions are just a few of the many issues that will come up on the road to divorce. The Law Office of Kyle Whitaker provides experienced legal counsel. Our knowledgeable divorce attorneys are here to answer all of your questions. Contact us by calling (817) 332-7703 or go online.