In this video, Attorney Rachel Rust talks about the divorce laws in Texas and how they differ from the laws in other states. Get the information you need to make the best choices in your situation. Talk with an experienced attorney about the divorce laws affecting you. Call or text 800-929-1725 for an appointment with Rachel. She is Of Counsel with the Law Firm of Wadler, Perches, Hundl & Kerlick.
Summary of the Divorce Laws in Texas Video
People often get confused about the divorce laws in Texas, particularly when they do polling as I call it. They’re talking to their aunts and uncles and cousins, and brothers and sisters that live in other states, and get all kinds of advice that’s not based on Texas law. The advice is based on wherever these friends and relatives are. While there is some commonality between the divorce laws in Texas and the divorce laws in other states, there are some things that are unique to Texas.
Texas Is a No-Fault Divorce State
Texas is a no-fault state. So you don’t have to prove that the other person did something horrible to you. Probably most of the divorces are granted for no fault. Even if a Court hears the case, the judge can decide it’s no fault.
Even if you prove some fault such as cruelty or adultery, the judge has the discretion to grant the divorce based on no fault. In Texas we call it irreconcilable differences, which basically means you can’t get along.
Texas Has a Short Waiting Period
In Texas we have a relatively short waiting period. You can get divorced if you’ve agreed to everything and have all the paperwork filled out, technically within 60 days after the petition is filed.
I say that hesitantly because, most people can’t do it that quickly. That may be because they can’t get in front of the judge that quickly. Or perhaps they can’t get all the loose ends tied up that fast. The requirement is not a year like it was in Virginia, where I practiced before moving back to Texas.
So you can get up one morning, and not like the way your spouse brushes their teeth and file for divorce. Then you can be divorced in a couple of months if you work everything else out. That’s kind of unique to Texas because a lot of states do have a longer waiting period.
Texas Divorce Laws Don’t Recognize Legal Separation
There is, no such thing as a separation in Texas divorce law. Another way to say that is that separation is not legally recognized as a status.
People say, “well, I’m separated,” but that may mean you’re living together. It may mean you’re living in different parts of the house. it’s not a term of art that means something specifically in Texas.
There are states that have a legal status as separated. But Texas is not one of those.
Texas Divorce Law Includes an Agreement Incident to Divorce
People can divvy up their stuff, and do an agreement to document that. In Texas we call this an agreement incident to divorce. It really settles all your stuff without getting divorced.
Sometimes people will do an agreement incident to divorce for religious reasons. Perhaps a spouse has a medical condition that would make it impossible for him or her to get insurance on their own. So the spouses divide up their stuff and have a document that’s enforceable about the division of their assets and debts. But they don’t get divorced because of this other issue. So that’s a difference.
Texas Divorce Law Requires Notice
You have to notify the other person. We talked in some other videos about giving notice, but you’ve got to notify the other person that you’re intending to have a hearing. , waive not only being served, but, “I don’t want to get a divorce, I don’t care do what you want to do. I’m out of here.” That’s not advisable, to nobody’s going to tell you to do that because you want to know what you’re responsible for.
If you don’t show up, you can’t keep your spouse from getting a divorce. You can make it longer, you can make it harder, you can make it more expensive, but ultimately the other side can get divorced.
So if don’t want the divorce, you need to know that you’re not going to be able to stop it. You should have a heart-to-heart conversation with an attorney about what you can do that is productive instead of just vengeful.
What’s Discovery in the Divorce Laws in Texas?
Divorce allows you to get in each other’s stuff. There’s a process called discovery which allows you to send questions to the other side that have to be answered under oath.
There are limitations depending on the size of the estate. I’m not going to get into those details, but people are often surprised. You can ask for your spouse’s bank statements, credit cards, and pay stubs. You can ask for your spouse’s income tax returns if you didn’t file jointly. One spouse can ask for the other spouse’s business records. You can ask for your spouse’s accounts, all accounts.
You can look at all of your spouse’s stuff, and your spouse can look at yours. Oftentimes, people are surprised about that.
You may think your spouse won’t provide that information. However, a court will make them give it to you if it’s available and necessary for the hearing. Sometimes that people feel like it’s harassment, but the laws are very broad about what’s available to discover.
You don’t know what you don’t know without asking for all those documents. You may find some things that lead you on a trail that you don’t know about.
Jurisdictional Requirements in Texas Divorce Law
There’s some jurisdictional requirements that basically say you have to have lived in Texas for six months and lived in the county you’re filing in for 90 days. That’s what Texas requires.
Can You Fly to Another State or Country for a Quickie Divorce?
Yes, there are people who run off to Las Vegas or Jamaica or someplace and get divorced. Whether Texas will honor those divorces, and what those divorces can divvy up is open to question.
Maybe that divorce can end the marriage, but it may not decide children issues, or divide property that’s owned in the state of Texas, or whether spousal support is paid.
So you might be able to get a divorce that has to be recognized by the State of Texas, as ending the marriage, but that’s pretty much the limits of what that divorce is. As we’ve already discussed, there are many other issues that will have to be resolved, that another court in another state or country would not have jurisdiction to resolve.
Texas Divorce Laws Allow You and Your Spouse to Cooperate for a Better Life After Divorce
If you’re interested in working toward agreement instead of prolonging conflict, please call or text Attorney Rachel Rust for an appointment.