FAQs About Divorce In Texas

What is community property?

All property that is acquired during a marriage is presumed to be community property. Any property that you owned prior to the marriage, and property that was received by gift or devise (or inheritance) may be considered the separate property of the receiving spouse. The court does not have the authority to deprive a spouse of his or her separate property. If a spouse is claiming certain property as their separate property the burden is on that spouse to prove by clear and convincing evidence that the property is indeed their separate property.

My husband and I are going through a divorce in Texas. Am I automatically entitled to 50% of his property?

Not necessarily. The standard that Texas courts use to divide property is the fair and equitable standard. After looking at a wide array of factors (ex. Length of marriage, fault in breakup of marriage, earning capacity of spouses, etc.) the court will order a division of community property that is fair and equitable under the particular circumstances of a case. Sometimes that may be 50/50, sometimes it’s 55/45, etc.

My wife has filed for divorce. We are agreeing to everything – custody and property division. Can we use the same attorney?

No. One attorney cannot represent both sides in a divorce action. While you believe that everything will be agreed upon, disagreements may arise. While you can technically deal with your spouse’s attorney if you are unrepresented, this not necessarily a good idea. That attorney represents your spouse. He or she cannot advise you, and does not have your best interests at heart.

How do I file for a legal separation?

There is no such thing as a legal separation in Texas. While spouses may choose to live separately, technically they are accumulating community property and community debts until the date of divorce.

How long do I have to live in Texas to file for divorce?

In order for Texas to have jurisdiction over your divorce matter you, or your spouse, needs to have lived in Texas for at least six months prior to filing. In addition, you need to have lived in the county of filing for at least 90 days.