Answers to Your FAQs About Divorce in Texas

By Rick Navarrete
Attorney

Divorce is a complicated process that will have a significant impact on your future.  If you are considering filing for divorce, you likely have many question about the divorce process in Texas and your legal rights.  Below you will find some answers to the top questions asked by divorcing couples in Texas.  For individualized assistance with your divorce, contact our Midland, Texas family law attorneys at Navarrete & Schwartz, P.C.

You can file for a divorce in the state of Texas if you or your spouse has resided here for at least six months.  It does not matter if you were married in another state or county so long as you meet the residency requirements for divorce.

You will need to wait 60 days from the day that you file for divorce for the court to grant the divorce.  However, your divorce can take longer if you and your spouse disagree on central issues, like child custody or property division.

Texas is a community property state, meaning that the court will divide your marital property in a manner that it deems just and right, which does not necessarily mean equal.  If you do not have a valid prenup or postnup in place, property acquired by either spouse during the marriage will generally be considered marital property.  Exceptions to this law exist, as in the case of a separate inheritance.  Property division is a complex issue and your divorce attorney can help to advocate for your rights regarding the property that matters to you most.

In Texas, alimony or maintenance can be awarded under some circumstance.  If you were married for over ten years and lack sufficient property to provide for your reasonable needs, you may be able to receive maintenance.  Texas courts today are often reluctant to award long-term maintenance, so you will need the assistance of an experienced divorce attorney who will build your strong case in support of an award of alimony.

About the Author

Rick Navarrete, a graduate of Angelo State University and Texas Tech University School of Law, has been serving the Permian Basin for over 24 years, with his practice extending across Texas. Specializing in criminal defense and family law, Rick has tried hundreds of cases before juries and judges, including high-profile matters. His extensive experience has honed a deep understanding of the law, enabling him to effectively prosecute, defend, and protect his clients’ interests. Rick has built a firm culture that prioritizes exceptional client service and personalized attention. Known for his zealous courtroom advocacy, he is equally dedicated to educating his clients throughout the litigation process. This commitment has earned him a reputation as one of the area’s most sought-after trial attorneys. Rick is an active member of the Texas Criminal Defense Lawyers Association, the Texas Family Law Section, and the Administration of Rules of Evidence Committee for the State Bar of Texas. He has also served as President of the Midland County Young Lawyers Association and on the Bar Leadership Committee of the State Bar of Texas. Among his many accolades, Rick has been recognized as a Texas Super Lawyer and included in the Best Lawyers in America.