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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.

Who can file for a divorce in Texas?

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.

How long does it take to get a divorce in Texas?

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.

Who will keep the house and property if I file for divorce?

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.

Will I receive alimony after my divorce?

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.