Divorce FAQ

Understanding Your Rights and Cases in Texas: Family Law

Frequently Asked Divorce Questions

Do I need a reason to file the divorce?

No. Texas is a “no fault” state meaning that you don’t need to specify a reason (or fault ground) for the divorce. Irreconcilable differences and/or conflict of personalities between you and your spouse is all you need to list as your reason for wanting the divorce. Read more in our article.

Why would you get a legal separation instead of a divorce?

Texas does not have a marital status known as “legal separation” under its Family Code. While you and your spouse can separate from one another physically you will remain married until the judge signs your Final Decree of Divorce. Read more in our article.

How do I file for divorce in Texas?

We have multiple guides as to how you can simply file for divorce. However, the simplest way is to hire the Law Office of Bryan Fagan to file your Original Petition for Divorce and to represent you throughout the rest of your case. Read more in our article.

How much does a divorce cost?

The cost of a divorce depends upon whether you have minor children, assets that are divisible in the divorce and a host of other factors. You are better off speaking with one of our attorneys for a free of charge consultation to gain a better understanding of divorce costs based on your specific circumstances. Read more in our article.

How many marriages end in divorce?

The old saying that “half of marriages end in divorce” probably is not true. Factors such as whether or not you have graduated from high school, have children prior to marriage and whether or not you and your spouse are employed all factor into the percentages when it comes to divorce. Read more in our article.

What can be used against you in a divorce?

Short answer: a lot. Your parenting record, social media use, drug/alcohol problems, and history of infidelity are just a handful of the potential “skeletons” in your closet that can be used against you in a divorce. Finding the right attorney to help you play defense when necessary and offense at other times is essential when it comes to accomplishing your goals. Read more in our article.

How to divorce a narcissist?

Very carefully! In all seriousness, a narcissist wants the divorce to be all about them. Instead, put the emphasis on your children and their best interests. If not for the kids- remember that the narcissist only thinks of themselves. Prepare your case with your attorney and consider all the angles. Your spouse won’t think beyond their nose to do the same. Read more in our article.

What is the difference between divorce and legal separation?

A divorce is a legal process whereby a judge with proper jurisdiction over your case ends your marriage. A legal separation is not a condition that exists under the Texas Family Code.

Should I file first?

You should file the divorce first if only to have slightly more time to prepare your case and to get the case off the ground. Otherwise, there are no distinct or specific advantages under the law when it comes to filing the divorce first. Read more in our article.

Can I have my attorney’s fees paid by my spouse?

The answer that a lawyer gives whenever an answer is unclear is it depends. The judge in your case will determine whether your spouse can be ordered to pay your attorney fees if you ask for them to be paid by him or her. This analysis is performed on a case-by-case basis so we would need to know more about your specific circumstances before we can give you an answer on this subject. In a lot of divorce cases, each party pays their attorney. In others, one spouse is ordered to pay all the attorney’s fees. Read more in our article.

Can we file divorce paperwork ourselves?

Yes, you can file divorce paperwork yourself in Texas. This can be done in an uncontested divorce where you and your spouse agree on all of the issues in your case. It can also be done by you individually in a contested divorce where you and your spouse do not agree on all or even any of the issues in your divorce. There is no requirement that you be represented by an attorney in a divorce but it sure helps given how many issues are at stake in a typical Texas divorce. Read more in our article.

What is community property in Texas?

Property owned together by you and your spouse is known in Texas as community property. Read more in our article.

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