Texas Divorce FAQs

Divorce raises difficult questions about your home, finances, children, and future. Even when both spouses agree that the marriage should end, the legal process can still feel stressful because each decision may affect life after the decree is signed.

At The Clark Law Firm, we help people in Houston and nearby Texas communities sort through divorce issues with steady guidance and honest answers. For a case evaluation, please do not hesitate to get in touch with us through our contact us page or call 713-236-0000.

How Long Does a Texas Divorce Take?

Texas has a waiting period in most divorce cases. Under Texas Family Code § 6.702, a court usually cannot grant a divorce until at least 60 days after the petition is filed.

That does not mean every divorce ends on day 61. Many cases take longer because spouses need time to exchange financial records, value property, work through child custody terms, or attend mediation. An agreeable divorce may proceed more quickly, while a contested divorce can take several months or longer.

Common reasons a divorce case takes more time include:

• Property disputes: Spouses may disagree about the value of a home, business, retirement account, or investment account.
• Parenting disputes: Parents may need court orders for custody, school decisions, child support, and visitation.
• Missing records: Bank statements, tax returns, deeds, and business records may need to be gathered before settlement talks make sense.

What Happens Right After a Divorce Is Filed?

A divorce starts when one spouse files an original divorce petition. The other spouse must receive legal notice unless they sign a waiver of service, a form confirming they are aware of the case and do not require formal delivery of court papers. After that, the case may involve temporary orders, discovery (the formal exchange of financial and other records between spouses), mediation, and a final hearing or trial.

Temporary orders can decide who stays in the home, who pays certain bills, where the children live, and how parenting time works while the case is pending. These early orders can determine the rest of the case, so it is important to take them seriously.

How Does Texas Divide Property in a Divorce?

Texas is a community property state, but that does not always mean everything is split exactly in half. Under Texas Family Code § 7.001, the court must divide the marital estate in a way it finds just and right.

Community property generally includes income and assets gained during the marriage. Separate property may include property owned before marriage, certain gifts, certain inheritances, and some personal injury recovery funds. Clear records are often needed to prove that property is separate.

Property division may include:

• The family home: The spouses may sell it, refinance it, or award it to one spouse with other assets to balance the division.
• Retirement accounts: Pensions, 401(k) plans, IRAs, and similar accounts may need special orders.
• Business interests: Closely held companies may require valuation, income review, and ownership analysis.

How Does Texas Decide Custody?

Texas law uses the terms conservatorship, possession, and access instead of custody and visitation. Under Texas Family Code § 153.002, the best interest of the child is the court’s primary concern.

Conservatorship covers decision-making rights for matters such as education, medical care, and certain legal decisions. Possession and access cover each parent’s time with the child. Many parents use a standard possession order, a schedule set by Texas law that outlines specific weekday, weekend, and holiday time for the non-primary parent, but schedules can be adjusted when work hours, school needs, travel, safety issues, or a child’s age call for a different plan.

A Texas divorce attorney can help parents prepare a parenting plan that is clear enough to reduce future conflict. The clearer the plan, the better the chances your custody arrangement will go as smoothly as possible.

How Is Child Support Calculated?

Child support calculations usually start with the paying parent’s net monthly resources and the number of children. Texas guidelines generally set support at 20% of net resources for one child, increasing by 5% for each additional child, up to a cap of 40% for five or more children.

The court may also consider health insurance, dental insurance, daycare, special needs, and other facts that affect the child. Support orders should specify payment dates, medical support, uninsured expenses, and wage withholding. Clear terms help both parents know what is due and when it must be paid.

Can I Get Spousal Maintenance in Texas?

Spousal maintenance is not automatic in Texas. A spouse usually must meet legal requirements under Texas Family Code Chapter 8. The court may look at the length of the marriage, family violence, disability, earning ability, job skills, and whether one spouse can meet basic needs after divorce.

Contractual alimony is different because it is based on an agreement between spouses. A divorce lawyer can help review whether maintenance, contractual alimony, or another financial arrangement may fit the facts.

Do We Have to Go to Trial?

Most divorce cases settle before trial. Settlement may happen through direct talks, lawyer-led negotiation, mediation, or court-ordered conferences. Still, a trial may be needed when spouses cannot agree on property, custody, support, or fault-based issues.

Good preparation helps whether a case settles or goes to trial. Financial records, parenting facts, witness information, and proposed orders should be organized early so each decision is based on evidence, not pressure.

Why Work with The Clark Law Firm?

At The Clark Law Firm, we bring more than three decades of combined legal experience to divorce and family law cases in Houston and surrounding Texas communities. Attorney Robert S. Clark provides practical advice, careful preparation, and clear communication so clients know what each step means before they make major decisions.

Our process starts with listening to the facts, identifying the legal issues, and setting a plan for property, parenting, support, and court deadlines. Your divorce attorney will aim to protect what matters most without pushing for conflict when a smart resolution is possible.

Speak with Us So We Can Answer Your Questions and Protect Your Best Interests

Divorce questions rarely get easier when they are ignored. If you are worried about your children, your home, your business, or your financial future, now is the time to get clear advice.

Please speak with our divorce lawyer at The Clark Law Firm as soon as possible. Contact us online or call 713-236-0000 for a case evaluation before deadlines, court settings, or financial decisions start driving the outcome without you.