Q: Is there a residency requirement for getting a divorce in Texas?
A: A suit for divorce may not be maintained in Texas unless, at the time the suit is filed, either the husband or the wife has been a resident of this state for the preceding six-month period and also a resident of the county in which the suit is filed for the preceding 90-day period.
Q: Can I get a "no-fault" divorce in Texas?
A: A court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Q: How soon after I get a divorce can I remarry?
A: Generally, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed. The former spouses to a divorce may re-marry each other at any time. However, for good cause shown, a court may waive the prohibition against remarriage before 31 days have passed under certain circumstances.
Q: Is "common law marriage", i.e., informal marriage, legal in Texas?
A: If proven, informal marriage can be legally valid in Texas. In a judicial proceeding or administrative proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed in accordance with the Texas Family Code; or (2) the man and woman agreed to be married and after the agreement they lived together in Texas as husband and wife and there represented to others that they were married.
Q: What is "community property"?
A: This is the property, other than separate property, acquired by either spouse during marriage. In a decree of divorce, a court will generally award each spouse a share of the community property, in a manner that the court deems just and right. The court will generally award each spouse their separate property in divorce.
Q: What is "separate property"?
A: A spouse's separate property generally consists of the property owned or claimed by the spouse before marriage; the property acquired by the spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.
Q: Is Alimony available in Texas?
A: Alimony is not available in Texas. However, a former spouse may be eligible for maintenance. Maintenance entitles the former spouse to receive periodic payments from the future income of the other spouse for their support. Maintenance usually lasts for no more than three years after the grant of an order for maintenance, in the suit for dissolution of the marriage.
