Frequently Asked Questions About Divorce in Texas
How long does a divorce take in Texas?
Texas law requires a minimum waiting period of 60 days from the date the divorce petition is filed before a final decree can be entered. An uncontested divorce where both parties agree on all terms can be finalized close to that 60-day mark. Contested divorces typically take longer depending on the complexity of the issues and whether the case goes to trial.Do I have to live in Texas to file for divorce here?
To file for divorce in Texas, you must have lived in the state for at least six months and in the county where you plan to file for at least 90 days. If you or your spouse recently moved, this residency requirement affects where and when you can file.Will I have to go to court?
Not necessarily. Many divorces — including contested ones — are resolved through negotiation or mediation without a trial. If the parties can reach agreement on all issues, the final hearing is typically brief and straightforward. A trial becomes necessary only when the parties cannot agree and a judge must decide the disputed issues.I am on a visa and my spouse wants a divorce. What happens to my immigration status?
The answer depends on your current immigration status and where you are in any pending application. If you received conditional permanent residence through your marriage, a divorce before your I-751 is approved means you will likely need to file a waiver petition on your own. Other pending applications tied to the marriage may also be affected. I handle both immigration and family law and can walk you through the specific impact on your situation.What is the difference between separate property and community property in Texas?
Community property generally includes everything either spouse earned or acquired during the marriage. Separate property includes assets owned before the marriage, gifts, and inheritances received by one spouse — even during the marriage. Separate property is not subject to division in a Texas divorce, but proving something is separate property requires clear documentation. Without it, the court may treat the asset as community property.
Ready to Take the First Step?
You do not have to figure this out alone, and you do not have to agree to terms that are not fair. Whether your divorce is likely to be straightforward or you are already facing a difficult situation, I will give you an honest picture of where you stand and what your options are. Reach out today to schedule a consultation.

