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Top 10 Divorce Questions Answered

Boyd Family Law Dec. 28, 2021

Most people who go through a divorce spend a considerable amount of time contemplating the prospect of divorce prior to initiating the process. If you are at that stage, you likely have many questions. While there is no substitute for sitting down and discussing your situation with an experienced divorce attorney, Fort Worth father’s rights attorney Jon Boyd answers ten of the most frequently asked divorce questions.

  1. Does Texas have a residency requirement that I must meet before filing for divorce? To file for divorce in Texas, one of the spouses must have been a resident of the state for a continuous six-month period. In addition, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.

  2. Does Texas have a waiting period? You can file for divorce at any time; however, a divorce cannot be finalized until at least 60 days have passed since the filing of the petition for divorce.

  3. What are the grounds for divorce in Texas? Like most states, Texas now allows you to file a no-fault or a fault divorce. If you want to file a no-fault divorce you claim “insupportability” (irreconcilable differences) as your grounds for divorce. You also have the option to file using fault grounds, which you will have to prove during the divorce proceedings, using one of the following:

    • Cruelty

    • Adultery

    • Conviction of felony

    • Abandonment

    • Living apart (for at least three years)

    • Confinement of the other spouse in a mental hospital (for at least three years)

  4. Do I really need to hire an attorney to represent me? You are not legally required to hire an attorney; however, if you have minor children, your divorce is likely to be contested, and/or you and your spouse have significant assets, you will be at a distinct disadvantage if you are not represented by an experienced divorce attorney.

  5. What happens if I ignore the divorce papers? If you were served with a Petition for Divorce and a summons, you only have 20 days to file an official written Answer with the court. If you fail to answer the petition, you effectively give up the right to have any input in the divorce. Your spouse can request a default judgment based solely on what he/she has asked for in the divorce.

  6. How long will my divorce take? Your divorce cannot be finalized for at least 60 days, even if you have reached an agreement that resolves all issues. Several factors will typically influence how long it takes to finalize your divorce, such as how contentious the divorce is, the value of assets and debts involved, and whether you have minor children.

  7. Can my spouse prevent me from getting divorced? Your spouse cannot prevent you from getting a divorce; however, if he/she does not want the divorce the entire process is usually more difficult and time consuming.

  8. Will I be awarded, or required to pay, alimony? Tennessee does recognize several different types of spousal support. The court will consider a long list of factors in determining if you are entitled to spousal support and, if so, which type and for what duration.

  9. What is a Parenting Plan? If there are minor children of the marriage, all issues related to the children must be resolved before the divorce can be finalized. A Parenting Plan reflecting those terms and agreements must also be filed with the court.

  10. Can my divorce be resolved without having to go to court? You may need to appear in court to finalize your divorce even if you reach an agreement with your spouse; however, only a small percentage of divorces are resolved at a trial.

Contact a Fort Worth Father’s Rights Attorney

If you are contemplating divorce, contact an experienced Fort Worth father’s rights attorney at Boyd Family Law to schedule your appointment today.