Honest Answers from Dallas Divorce Attorneys
At the Mathur Law Offices, P.C., our legal team focuses on clarifying every aspect of the divorce process. We want our clients to know what they can expect, to have the facts, and to obtain factual answers to their questions and concerns. We know that by educating our clients and remaining by their sides at all times, we can help them navigate this difficult experience and aid them in feeling confident in their decision and future. Our Dallas family law attorneys have provided the following answers to frequently asked questions we hear from our clients just beginning the divorce process.
Common Questions Related to Divorce
What are the requirements to file for divorce?
While there may have been a time in the past when married couples were required to provide a reason for getting a divorce, today's Texas family laws do not make it a necessity. A partner may still provide a reason for the divorce, such as drug abuse, domestic violence, or criminal convictions, which the court can take into consideration when handling matters such as child custody. Currently, however, the only terms a married couple must meet beyond necessary paperwork are residency requirements.
What are the residency requirements?
In Texas, at least one of the spouses filing for divorce must have continuously lived in the state for a six-month period. One of the spouses must also have been a resident of the jurisdiction in which the divorce is filed for at least 90 days.
What are the grounds for divorce?
Couples do not have to state a reason for a divorce (no-fault divorce). If a partner does wish to state a reason for the dissolution of the marriage, the court can take the underlying cause into consideration when handling other aspects of the case. Common grounds for a divorce include criminal convictions and incarceration, domestic violence, abandonment, adultery, living separately for at least three years, and others.
How long will a divorce take?
As each case is unique, there is no general answer to this question. Personal circumstances, whether or not the divorce is contested, and whether or not children are involved can greatly influence how long a divorce may take. Such factors may cause the divorce process to range anywhere from a few months to a year, or possibly more. At the minimum, a divorce in Texas can be finalized only after a 60-day waiting period has elapsed. At the Mathur Law Offices, P.C., our legal team strives to guide our clients through their divorce proceedings as swiftly as possible.
What is community and separate property?
In Texas, the law states that all property (assets) earned by either spouse during the marriage is community property and therefore owned equally by each spouse. Property division of community property will be determined in a just and right manner. In order for a spouse to claim that certain assets can be considered
separate property, they must present clear and convincing evidence that it belongs solely to them by tracing the source of the assets. Gifts or inheritance, for example, can be considered separate property. Our attorneys can help you in further understanding this concept and what can be done in your case.
Do I really need a lawyer?
While there is no legal statute that requires you to have legal representation when filing a divorce, and although it is ultimately your choice, working with an experienced Dallas divorce attorney can make a significant difference in your legal experience, the outcome of your case, and your future well-being. For straightforward divorces, an attorney can help a couple complete the necessary legal procedures in a timely and competent manner. For more complex matters, including contested divorce, high-net-worth divorce, and issues involving children, having a lawyer by your side can ensure that you have an advocate who works to obtain results that are in your best interests. Whether this means protecting your property, securing spousal support, gaining child custody, or protecting your rights, the advantages of working with an attorney are numerous and invaluable.
Learn More During an In-Depth Case Evaluation
We know that these frequently asked questions and answers are only a few of the many questions local Dallas / Fort Worth residents may have. As we focus on personalized counsel and assisting our clients on an individual basis, we always answer questions with answers that specifically relate to the situation, needs, and goals at hand. If you would like specific information about your divorce, please schedule a case evaluation with a member of our legal team or
contact a Dallas divorce attorney from the Mathur Law Offices, P.C. today.