{"id":153,"date":"2012-11-26T06:46:02","date_gmt":"2012-11-26T06:46:02","guid":{"rendered":"https:\/\/www.busby-lee.com\/?page_id=153"},"modified":"2023-04-25T07:20:36","modified_gmt":"2023-04-25T07:20:36","slug":"family_faq","status":"publish","type":"page","link":"https:\/\/www.busby-lee.com\/family_faq\/","title":{"rendered":"Divorce Attorneys in Houston Answer Texas Family Law Questions"},"content":{"rendered":"
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FAQs<\/h2>\n
The following are frequently asked Texas family law questions answered by our divorce attorneys in Houston<\/em><\/p>\n
What is a Common Law Marriage?<\/strong> \nA common law marriage is where a man and a woman enter into enter into a marriage if 1) they agree to be married, 2) live in Texas as husband and wife, and 3) represent to others in Texas that they are married. There is no minimum time period required, but both parties must be 18 years or older.<\/p>\n
Does âlegal separationâ exist in Texas?<\/strong> \nNo, there is no such thing as a âlegal separationâ under Texas law. Even though temporary orders may be entered by the court, they are not to be construed as a legal separation; therefore, community property and debt continue to accrue until you are divorced.<\/p>\n
What are jurisdictional and venue requirements?<\/strong> \nIn order to get a divorce granted, the husband or wife have to live in Texas at least six (6) months and reside in the county they file for divorce in for at least ninety (90) days prior to filing for divorce. An uncontested divorce can be granted shortly after the sixty (60) day waiting period. A contested divorce can typically take between nine (9) and twelve (12) months.<\/p>\n
How long does it take to get divorced?<\/strong> \nThe time it may take to get divorced will vary from case to case; however, no divorce can be granted until at least sixty (60) days have elapsed since the filing of the Petition for Divorce. This is the minimum waiting period.<\/p>\n
What is the difference between Community and Separate Property?<\/strong> \nIt is presumed in the Texas Family Code that all property acquired by the parties during the marriage is community property. Separate property is that property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance, and can include recovery for personal injury. Community property is subject to a âjust and rightâ division by the court.<\/p>\n
What factors does the court consider when dividing property?<\/strong> \nThe Texas Family Code allows the judge to consider any relevant factor, which might include evidence of:<\/em> \na. Fault in the break-up of the marriage \nb. Differences in earning capacities and education \nc. Age and health of the parties \nd. Any special needs of the parties \ne. Separate property or potential for inheritance of either spouse<\/p>\n
Can I get interim relief with the help of Attorneys?<\/strong> \nYes, if interim relief is needed, a request for temporary orders is filed with the petition for divorce along with a request for hearing on the temporary orders. A hearing on temporary orders can usually be obtained within two weeks of the filing of the request, but the timing on this depends on the courtâs schedule and may take longer. Interim relief can be obtained for such things as who gets use of the house or other property, attorneys fees, child support, and spousal support.<\/p>\n