Dallas Typical Client Questions & Answers in a Dallas Divorce or Family Legal Case
How long does it take to get a divorce in Texas?
Texas requires a sixty day waiting period after filing before a divorce order can be finalized. However, your situation may vary greatly, and take much longer, and as such you should seek the counsel of a Dallas divorce lawyer to guide you through the process.
Can I represent myself in a divorce proceeding in Texas?
You can represent yourself in a divorce proceeding in Texas, but the complexity of the issues involved make it highly difficult and not recommended for anyone without a legal background. If you do decide to go the "Do It Yourself Divorce" path, then please check with your local family courts because they often have programs designed to assist pro se litigants to get through the procedure of divorce, but they will NOT give legal advice. You must have a family lawyer assist you with that. Please also be cautioned that most family lawyers will not assume the liability of trying to fix a big mess a pro se litigant has made for him or herself, so carefully consider the consequences of being unable to find a lawyer to represent you later if you do not do it right the first time. At the very least, get a free consultation with a divorce attorney before you make that decision.
What can I do if my spouse does not want a divorce and refuses to respond to anything regarding the divorce proceedings?
In Texas, a divorce can be granted even if only one person wants it. However, the first thing you must do is to make certain the other spouse either has been properly served with process (has been given formal notice of the filing of the divorce) or has received the petition for divorce and has formally waived service of process. If your spouse was properly served, he or she does not file an answer, and the return of service has been on file for a specified period of time, then you may ask the judge to grant your divorce through your spouse's default. There are several strict procedures that must be followed, and this is not something that should be done without the guidance of legal counsel.
How is property divided in a Texas divorce?
In the vast majority of Texas divorce proceedings, the parties involved are able to reach their own agreements on an equitable division of property. However, some proceedings become too contentious for such an agreement, and the court must step in a decide the distribution. Please see the Dallas Divorce Lawyer page for a description of this process.
I’ve been living with my partner for several years, are we considered married?
Several states follow the practice of common law marriage, where couples have a legal relationship after several years of cohabitation. In Texas, the policy is known as an "informal marriage." Please see the Dallas Divorce Lawyer page for a full discussion.
How long do I have to live in Texas to file for divorce here?
To file for divorce in Texas one spouse must have lived in the state for at least six months, and must have resided in the county where he or she intends to file the petition for at least 90 days.
If I have an informal marriage, do I need to get an official divorce?
Yes, if your relationship qualifies as an informal (common law) marriage, you will need to get a formal divorce. There is no common law divorce in Texas. Read about informal marriages and divorce on the Dallas Divorce Lawyer page.
I’m supposed to pay child support, but I lost my job, can I have my payments reduced?
Texas law calculates child support payments based on the income of the parent paying child support. Read more about how to calculate the amount on the Child Support and Medical Support page. If you have a change in circumstances, you may file for a modification. But it is not automatic, and there are many factors that go into a judge's decision to allow you to reduce child support. You can get yourself into trouble fast, with the consequence that failure to pay could land you in jail. It is best to talk with a Dallas child support lawyer as soon as possible!
Family Courts in Dallas - Dallas County, Texas
in which a divorce lawyer or family lawyer would file their case
254th Family Court |
255th Family Court |
256th Family Court |
301st Family Court |
302nd Family Court |
330th Family Court George L. Allen, Senior Courts Building 600 Commerce Street, Suite 340 Dallas, TX 75202 (214) 653-6188 |
If you have questions like these, or any other questions regarding divorce issues or family law issues in Texas, call one of the qualified Dallas divorce attorneys or Dallas family lawyers listed on this site today.
Serving clients throughout Central Texas, including Addison, Allen, Arlington, Audelia, Balch Springs, Bedford, Cedar Hill, Carrollton, Cockrell Hill, Coppell, Dallas, Dalrock, De Soto, Duncanville, Farmers Branch, Ft. Worth, Forney, Garland, Glenn Heights, Grapevine, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Lewisville, Mansfield, Mesquite, Midlothian, Murphy, Plano, Richardson, Rockwall, Rowlett, Sachse, Seagoville, Sunnyvale, Trinity Mills, University Park, Wilmer, Wylie, areas in the vicinity of Dallas-Ft. Worth International Airport, and other communities in Collin County, Dallas County, Denton County, Kaufman County, and Rockwall County.