FAQ’s Regarding the Texas Divorce Process and Procedures

According to the Texas Family Code:

General Residency Rule for Divorce Suit:

A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:

(1) a domiciliary of this state for the preceding six month period and (2) a resident of the county in which the suit is filed for the preceding 90 day period.

What are grounds for divorce?

The court may grant a divorce without regard to fault (“no fault divorce”), cruelty, adultery, conviction of felony, abandonment, living apart or confinement in mental hospital.

Is it separate or community property?

Community property consists of the property, other than separate property, acquired by either spouse during marriage. A spouse’s separate property consists of: (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during the marriage by gift, devise or descent and (3) the recovery for personal injuries sustained by the spouse during the marriage.

Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

If one spouse makes a gift of property to the other spouse, the gift is presumed to include all of the income and property that may arise from that property.

What is a Temporary Restraining Order (TRO)?

This is a court order that sets forth acts which either one or both parties are prohibited from doing immediately after the petition is filed. It usually prohibits bad acts such as hiding money from the other spouse, attempting to hide a child of the parties and harassment. If a person violates a TRO, they can be held in contempt of court and punished by a fine and sentenced to jail.

What if I reconcile with my spouse?

You can file a “nonsuit” to dismiss your divorce proceedings.