$250 to $320
What is a wife entitled to in a divorce in Texas?
The answer is that women’s rights in a divorce in Texas are the same as men’s rights. Whether it be an award of spousal support or the just division of marital assets (called community property), both parties are subject to the same rules and considerations imposed by Texas courts.
In Texas divorce cases, it does not matter who files first. In other words, it does not make a big difference who is the “petitioner” (i.e. the person who files first) or who is the “respondent” (i.e. the person who responds to the divorce petition).
Under Texas Rules of Civil Procedure Rule 145, the divorce filing fee can be waived by filing an “affidavit of Indigency.” An “Affidavit of Indigency” basically asks a court to waive the filing fees because the filing party cannot afford them.
Divorce in Texas is a Lengthy Process.
In Texas, a divorce is not final for at least 60 days after a petition is filed. It typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.
The decision about who pays divorce attorney fees is made by the family law judge on a case-by-case basis. In some divorce cases, each party pays their own attorneys. In other cases, one spouse will be ordered to pay all or part of their ex’s attorney fees.
Basic steps to filing a divorce in Texas
- Filing the petition. One of the parties must first file a petition with the court called the “Original Petition for Divorce” (along with paying the requisite court fee). …
- Legal notice. …
- The hearing. …
- The final decree. …
- The assistance of a family law attorney.
Texas does not recognize legal separation. However, separation for a period of at least three years is one of the grounds for divorce in Texas. Living separately and apart means living in different residences.
You will be required to make a personal court appearance to finalize an uncontested or agreed 60-day divorce. The court appearance should be very brief and your spouse is not required to appear with you on the date of finalization. Your divorce lawyer will appear with you in court to guide you through the process.
Texas grants divorces based on the following fault grounds: adultery, cruelty, felony conviction and abandonment. Adultery means one spouse has committed adultery. Cruelty means that one spouse treated the other in such a way that the marriage and living together was insupportable.
Is Spousal Support Mandatory in Texas? No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.
Marital tensions can also cause problems, and even the most amicable of splits will take time. “An uncontested divorce can take as little as four to five weeks, and as long as a year.”