About Divorce
1.
Can I represent
myself in a divorce?
Yes. Get a lawyer if you
can, though. Divorces can be complicated. This is especially true if there are
custody, support or property issues. Be prepared if you must represent yourself.
Take your witnesses, papers and evidence to the hearing.
2.
Do I need to get a divorce?
There are two kinds of marriage in Texas: formal
and informal. If you want to end either one of these kinds of marriage, you need
to get a divorce.
-
You and your
husband or wife agreed to be married
-
You and your
husband or wife lived together in Texas
-
You and your
husband or wife acted like you were married
3.
What if we got married in Mexico, or in another
state?
If you marry
someone in Mexico (or some other country or state), the marriage is also valid
in the United States, and a divorce would be required in order to dissolve the
marriage. Regardless of where you were married, you can get a divorce in Texas
if you or your spouse meet the Texas six-month residency requirement.
4.
How long do I have to live in Texas to file for divorce?
You can file
for divorce in Texas if you OR your husband or wife has lived in Texas for six
months. One of you also has to live in the county where you want to file for
divorce for 90 days.
5.
What is "no-fault" divorce?
You don’t need
"fault" to file for divorce in Texas. Just one of you has to believe that the
relationship can’t be fixed.
6.
What are other "grounds" for divorce?
In Texas, you can ask the court to give you the
divorce because it was somebody’s fault. The "grounds" are: adultery, cruelty,
abandonment (for at least one year), convicted for a felony (and served at
least one year), living apart (for three years), committed to a mental
institution (for three years with little or no hope of recovery).
When a court gives a divorce for "grounds," then
the court can give more of the community property to the "innocent" spouse.
7.
Is there legal separation in Texas?
No. There is no
"legal separation" in Texas. Instead, when you file for divorce, the court can
give you some temporary orders that try to keep things stable while the
divorce is pending. The temporary orders can cover child support, visitation,
custody, who lives where, who drives what car, and things like that.
8.
How long does it take to get a divorce in Texas?
You have to wait
60 days from the day you file for divorce for the court to give you a divorce.
It could take longer, if one of the people wants to fight about something
(like property or custody).
9.
What does a divorce do?
A divorce does
the following things.
-
It dissolves your marriage.
-
It divides your community
property (and debt).
-
It determines child
custody.
-
It determines child
visitation.
-
It determines child support.
-
It can change your name back to your maiden name.
-
It can order alimony (alimony is called
"maintenance" in Texas).
-
It can enter temporary or permanent orders to the
husband and wife about not bothering each other anymore.
10.
Can I get alimony?
Alimony in Texas
is called "maintenance," and it is very hard to get. There are two ways to get
alimony in Texas. The first way is that you have to have been married for at
least ten years, and the spouse asking for alimony is not able to support
himself or herself. The second way is that one of the spouses was convicted of
domestic violence within two years of when the divorce was filed. Either way,
alimony is usually only good for three years. And, the Court will consider how
much money both people have.
11.
What happens to the
property that we own?
In the
divorce case the Court divides the property that you got during the marriage,
unless it is the separate property of one spouse. Separate property is
anything you owned before the marriage and property you got during the
marriage by gift to you alone or by inheritance. Property that the court can
divide in the divorce includes land, buildings, vehicles, bank accounts,
pension accounts, furniture, personal belongings and debts (like credit card
debts).
The judge (or jury) decides how to divide the
property fairly. The court looks at what each person gave to the marriage, and
if anyone is at "fault" in the breakup of the marriage. The court looks at the
needs of each person.
12.
Can I get part of my
spouse's military retirement or civilian pension?
Sometimes. Tell
your lawyer about any military or civilian pension or any other benefits your
spouse may be entitled to. Do this before the divorce. It is too late after
the court signs the divorce decree.
13.
Can I get continued
health insurance coverage for myself and my children after my divorce?
Some laws let you
continue receiving health insurance coverage (COBRA). You must give the
insurance company certain notices. The premium payments must be made. You can
ask the court to order your spouse to pay these. Tell your lawyer you need
insurance coverage from the other spouse. If the insurance coverage is cut
off, you may not be able to get it back.
14.
Can the court order a
change of name?
As a part of the
final divorce order, the Court can restore a party’s prior name. In addition,
errors that may exist on a child’s birth record can also be corrected in the
divorce proceeding.
15.
What can I do if my
spouse is hurting or abusing me?
Texas has laws
that protect victims of family violence whether they are getting a divorce
from their abusive partner or not. If you have already filed for divorce, the
court can make emergency orders to protect you and the children. If you have
not started the divorce process, you can apply for a "protective order" if you
fear that you or your children are in danger. The local women’s shelter,
county attorney office, district attorney office, and/or Legal Aid office can
assist you in obtaining a protective order. To locate the shelter nearest you
and to obtain information regarding the various services they offer, please
call the national hotline for domestic violence at
1-800-799-SAFE.
16.
What if I can't afford a
lawyer?
Most legal organizations have income guidelines regarding the people or
families they can
serve. Income guidelines use a percentage of the federal poverty income
amount.
Many legal
services groups use the chart below to decide who can receive help.
The chart shows you how much you have to earn (depending on your Household
Size) to be at 125% of what the Federal government considers to be the poverty
level. "Household Size" is the total number of people in the household.
Income guidelines
|
125% of Poverty
Household Size |
Annual
Income |
Monthly |
Weekly |
1 |
$12,250 |
$1,021 |
$236 |
2 |
$16,500 |
$1,375 |
$317 |
3 |
$20,750 |
$1,729 |
$399 |
4 |
$25,000 |
$2,083 |
$481 |
5 |
$29,250 |
$2,438 |
$563 |
6 |
$33,500 |
$2,792 |
$644 |
7 |
$37,750 |
$3,146 |
$726 |
8 |
$42,000 |
$3,500 |
$808 |
For each additional person in the
household, please add:
$4,250 (annual) ~ $354 (monthly) ~ $82 (weekly)
Organizations that provide legal assistance
to crime victims can provide services to persons who
have income up to 187.5% of the federal poverty level. The chart below
shows you how much you have to earn (depending on your Household Size) to
be at 187.5% of what the Federal government considers to be the poverty
level.
187.5% of Poverty
Household Size |
Annual
Income |
Monthly |
Weekly |
1 |
$18,375 |
$1,531 |
$383 |
2 |
$24,750 |
$2,063 |
$476 |
3 |
$31,125 |
$2,594 |
$599 |
4 |
$37,500 |
$3,125 |
$721 |
5 |
$42,875 |
$3,656 |
$844 |
6 |
$50,250 |
$4,188 |
$966 |
7 |
$56,625 |
$4,719 |
$1,089 |
8 |
$63,000 |
$5,250 |
$1,212 |
For each additional person in the household, add:
$6,375 (annual) $531 (monthly) $123 (weekly)
Hope, Inc. does not
guarantee assistance from any organization even if you meet its income
guidelines. Each organization must make that determination on it's own. |
For More Information Call
Our shelter is
located in Mineral Wells, Texas which is about 52 miles west of Fort Worth. If
you need to find a shelter which is located closer to your area, please
click this link and you will be taken to a list of all the shelters in
Texas.
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