FAQs

The Law Offices of Kathy Black in Katy, Texas answers questions clients frequently ask us about
divorce and division of property and debt:

I was recently married and my marriage is just not working. What are the grounds for divorce in Texas?

You may get a divorce without regard to fault, if the marriage has been insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Grounds for divorce in Texas include:

  • Cruelty
  • Adultery
  • Abandonment
  • Insupportability
  • Living apart for three years
  • Confinement in a mental hospital
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    What are the filing rules for divorce in Texas?

    You may file for divorce in Texas if you or your spouse have resided in the state for at least six months prior to filing and have lived in the county where you intend to file for the preceding 90-day period.
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    May I get an annulment instead of a divorce?

    The court may grant an annulment of a marriage under a number of circumstances, including underage, under the influence of alcohol or narcotics, impotency, fraud, duress, force, mental incompetency, a concealed divorce, and marriage within 72 hours of issuance of a license of marriage.
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    My spouse and I both want a divorce, but we cannot agree on child custody. Is it possible to get a divorce and arrange for custody later?

    No. Divorce and conservatorship of the children are not severable actions. Divorce consists of:

    If you and your spouse separate, you can work out a parenting plan. In the event you cannot reach a custody and support agreement, you can seek a court order and let the judge decide without filing for divorce.
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    How is property divided in a divorce?

    Texas is a community property state, meaning that the court divides all marital property and debts between the parties in the divorce in an equitable manner. Community or marital property refers to all property, acquired by either spouse during the marriage. Separate property is anything a person owns before marriage and any property inherited or specifically gifted, during the marriage.
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    How does the court differentiate between community property and separate property?

    The court starts with a presumption that all property acquired during the marriage is shared or community property. If any part of the property is your separate property, then you may rebut the presumption by showing specific evidence that the property is separate. For example, if you and your spouse own a car
    at the time of divorce, the court presumes that it is community property. However, if you have a title, showing the date of the purchase of the vehicle prior to the date of your marriage, you have proof that the car is your separate property.

    For more information on how your Texas lawyer will help you, click here to view a PDF version of the Texas Lawyer's Creed.

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    My spouse and I aren't sure we want a divorce. Until we decide, can we get a legal separation?

    Unlike many other states, there is no legal separation in Texas.

    I've been a stay at home mom throughout my marriage. Can I get alimony, while I go back to school to learn skills to support myself?

    In Texas, alimony is referred to as spousal maintenance. The court can order temporary
    spousal support while the divorce is pending, depending on your facts. Once the divorce is final, only under certain circumstances or by agreement will spousal support continue. You must meet one of the following requirements whether the support is temporary or on-going:

    1. 1. Your spouse was convicted of family violence within 2 years of filing date of divorce
    2. 2. You have a marriage of long duration, meaning the marriage was 10 years or longer and you lack sufficient resources to provide for minimal reasonable needs and are unable to support yourself through employment because of any of the following situations:
      • Physical and/or mental disability
      • You are the custodian of a child whose disability prevents you from working outside the home
      • You lack earning ability in the labor market

     

    Unless there's a disability, the maximum term for maintenance is three years, and the amount cannot exceed $2500/month or 20% of spouse's average monthly gross income whichever amount is lower.
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    Texas family law attorney, Kathy Black, serves clients in Richmond, Rosenberg, Fulshear, Houston and surrounding towns in Fort Bend, Harris and Waller counties


    Contact a Texas Divorce Attorney

    In family law cases, as with any legal matter, it is important to have an attorney who can protect your rights and best interests. Whether you are in the military or live in Katy, Fort Bend, Houston or nearby towns, or live in Fort Bend, Harris or Waller Counties call The Law Offices of Kathy Black at (281) 698-5546 or contact us online.


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