Austin Family Law Attorney

Texas Divorce Center - Frequently Asked Questions

Q: What is a legal divorce?

A: A legal divorce is a method of terminating a marriage contract between two individuals. In Texas, divorces are either fault-based or no fault.

Q: What is a no fault divorce?

A: In a no fault divorce both parties agree that there is no "fault" involved in the grounds for divorce. In Texas, married couples can petition for no fault divorces if the marriage has become "insupportable" because conflict has destroyed the legitimate ends of the relationship. No fault divorces can also be granted if a couple has been living separately without cohabitation for three years.

Q: What is a fault-based divorce?

A: A "fault" divorce is a divorce in which one party blames the other for the failure of the marriage by citing a legal wrong such as adultery, abandonment, confinement for incurable insanity for at least three years, conviction of a felony combined with imprisonment for over a year, or cruel and inhuman treatment.

Q: What are the requirements for filing a petition for divorce?

A: In Texas, one of the parties must have resided in the state for at least six months or 180 days and in the county where the divorce is filed for 90 days prior to filing the Original Petition for Divorce.

Q: What is a legal separation?

A: A legal separation deals with property distribution and child support and custody issues without ending the marriage. Texas, unlike many other states, does not have legal separation. In Texas, temporary orders concerning marital issues can be granted while a divorce is pending, but there is no provision for an indefinite legal separation.

Q: What is an agreed divorce? "

A: An agreed divorce is a divorce settlement in which the couple agrees on the terms of the divorce, documents those terms, and then takes the entire written document to a judge. The judge will question the involved parties concerned the agreement and, if the agreement is deemed fair, the judge will grant the divorce according to the terms of the settlement.

Q: How is property divided in a divorce?

A: Property in Texas is divided based on whether property is classified as community property or separate property. Community property is owned equally by the spouses and divided equally in a divorce. Separate property is owned by one of the parties and is kept by the spouse who owns it. Most property acquired during the marriage or through specific means during the marriage will be considered community property, even if it was acquired in another state.

Q: What is the difference between maintenance and alimony?

A: Each word refers to the same concept - one spouse providing funds to the other. The legal term in Texas is "maintenance," which consists of regular, court-awarded payments from the future income of one ex-spouse to support the other. Such payments are not often awarded, and when they are, they typically end after three years.

Q: Do I need to hire an attorney?

A: It is not mandatory to hire an attorney and you may represent yourself. However, this may result in putting yourself at a serious disadvantage. Most divorces are not straightforward. Given the complexity of the issues involved, it is often beneficial employ a professional who is knowledgeable and experienced in Texas divorce law.

< Back to Texas Divorce Center Home


Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.