Frequently Asked Questions
You may file for divorce in either the county where you or your spouse resides. However, there are certain time limitations discussed below that may affect this. If you have recently moved from one county to another, you need to have been a resident of the new county for at least 90 days before you may file there.
You need to have lived within Texas for a minimum of six (6) months for Texas to gain jurisdiction for a divorce. You will need to be able to show proof of such residency, such as a utility bill or a apartment lease with a signing date to give evidence if required to do so by the court.
One of the most difficult questions to answer. There is a minimum time mandated by the Texas Family Code of 60 days from the time of filing before a divorce may be signed and entered by the court. However, that is only the bottom limit. There is no real top limit as to how long it can possibly take, except for the patience of the court.
Generally speaking, uncontested divorces are usually completed within 70 days from the time they are filed. Depending on the level of contested issues in a case, they may last up to 1.5 to 2 years, which is the longest the usual cases last. We do everything we can to reduce the time, but it takes both sides coming to an agreement to move things along faster, and sometimes such agreements simply do not occur.
Yes. However, you may not personally need to appear in court when your divorce is finalized if you were not the original Petitioner, the party who filed the first petition. In fact, most divorces are resolved with only the Petitioner being present, to put an agreement of the parties before the judge to be signed. This is in all ways the best method to have a divorce granted, if for no other reason than to save you money in attorney's fees and your own time.
You can get divorced by agreement however, one party will have to appear in court for the very minimal final appearance before a judge. If everything is agreed to between the parties, this final hearing is usually quite informal and typically lasts about a minute and a half.
If you have already been arrested and bonded out of jail, I highly recommend that you retain an experienced criminal defense attorney as soon as possible. As a person accused of a crime, you are afforded many rights under our laws, and you should act quickly to protect those rights.
The process which follows an arrest depends on whether you are charged with a misdemeanor or felony offense. The procedures are very different, and you will need an experienced and knowledgeable attorney to assist you.