Divorce FAQs

The Texas divorce process differs based on the unique details of each situation. For this reason, it is crucial to get personalized legal advice as early as possible to avoid mistakes.

At Morris & McClimon Attorneys at Law, PLLC, we are dedicated to helping Bastrop County individuals resolve family law disputes with the least possible amount of conflict, fighting and financial expense. As a part of the solution, we will explain available options and help you evaluate them.

Are There Residency Requirements To File For Divorce?

Yes, and this is something to consider if you have recently moved to Texas or the Smithville area. Either you or your spouse needs to have been a resident in Texas for at least six months prior to filing. And to file in Bastrop County, you or your spouse is required to have resided in the county for at least three months.

The initial decision about where to file can be important one based on your unique situation.

When Is It Possible To File An Uncontested Divorce?

To file for uncontested divorce, you must meet basic requirements, including:

  • You do not have children together who are under 18
  • You are not seeking spousal maintenance (also called alimony or spousal support)
  • You both agree to end the marriage

In addition, you cannot divide jointly owned property or retirement benefits in an uncontested divorce. The forms can vary by county. Once you have filed the paperwork, Texas requires that you wait for 61 days before scheduling a final hearing. Once a judge signs a final decree of divorce there are 30 days to file an appeal.

How Long Does It Take To Finalize A Divorce in Texas?

It depends on your circumstances, but a general answer is six months to one year or more.

In contested divorce proceedings, specific procedures and filing deadlines must be followed closely to initiate the process. Then various information about assets, income, expenses must be collected and filed. If an agreement cannot be reached after this discovery phase, then mediation is encouraged and may even be required. If unsuccessful, a trial date is scheduled.

Planning For A Different Future

If you have made the decision to divorce or you were served with divorce papers, your future is going to look different than you had expected. We can explain your legal options and protect your interests during the transition.

Call 512-237-7009 or send us a message online to schedule a consultation with one our lawyers.