Question 1

How do I file for divorce in Texas?

Accepted Answer

To file for divorce in Texas, you or your spouse must have lived in the state for at least 6 months and in the county where you file for at least 90 days. You file an Original Petition for Divorce in your county's district court, and Texas law requires a mandatory 60-day waiting period before a divorce can be finalized. From there, the process depends on whether your case is contested or uncontested.
Learn more: A Step-by-Step Guide to Divorce Procedures in Texas | Texas Divorce Steps

Question 2

What does a family law attorney in Houston handle?

Accepted Answer

A family law attorney helps you navigate the legal aspects of marriage, divorce, and parenthood. At the Law Office of Robert Tsai, we handle divorce (contested and uncontested), child custody and conservatorship disputes, child support, spousal maintenance, property division, modifications of existing orders, protective orders, and prenuptial agreements. Every case is approached with a focus on protecting your rights and reaching the best possible outcome.

Question 3

What is the difference between a contested and uncontested divorce in Texas?

Accepted Answer

An uncontested divorce means both spouses agree on all issues — property division, custody, and support — and it typically resolves shortly after the mandatory 60-day waiting period. A contested divorce involves disagreements on one or more issues, requires court intervention, and can take considerably longer — complex cases may last 2 to 3 years or more. Most contested cases can be resolved through mediation without going to trial.
Learn more: A Step-by-Step Guide to Divorce Procedures in Texas

Question 4

What is community property, and how is marital property divided in Texas?

Accepted Answer

Texas is a community property state, meaning most assets and debts acquired during marriage are presumed to be jointly owned by both spouses. Separate property — what you owned before marriage, or received as a gift or inheritance — is generally not subject to division. Texas courts divide community property in a 'just and right' manner, which may not always be exactly 50/50 depending on factors like fault, length of marriage, and disparity of earning capacity.
Learn more: What is Separate and Community Property in Texas? | Disproportionate Division | Building and Managing Inventories: Dividing Marital Property

Question 5

Does Texas have alimony?

Accepted Answer

Texas does not use the word 'alimony' — it is called spousal maintenance, and it is limited and not automatic. To qualify, a spouse must prove financial need and meet at least one qualifying condition: a marriage of 10 or more years with inability to meet basic needs, a disability, caring for a disabled child, or being a victim of family violence within two years of filing. The amount and duration are capped by statute, and courts do not award it in most cases. Consult with Robert Tsai to understand whether you may qualify or be obligated.

Question 6

What are temporary orders in a divorce, and why do they matter?

Accepted Answer

Temporary orders are court orders issued at the beginning of a divorce case that govern the household while the case is pending. They address who stays in the family home, temporary custody and visitation arrangements, temporary child support, and restrictions on disposing of marital assets. These orders are binding and set expectations for both parties throughout the litigation — do not treat them as informal. Violating them can have serious consequences.
Learn more: What Are Temporary Orders? | Temporary Orders | Temporary Restraining Orders

Question 7

How long does a divorce take in Texas?

Accepted Answer

Texas requires a mandatory 60-day waiting period after filing before a divorce can be finalized — this is the absolute minimum. An uncontested divorce where both parties agree on all issues can often be completed shortly after the 60-day period. A contested divorce involving disagreements over custody, property, or support can take significantly longer. Complex cases, especially those involving businesses, hidden assets, or high-conflict custody disputes, may take 2 to 3 years or more.
Learn more: A Step-by-Step Guide to Divorce Procedures in Texas

Question 8

How is claiming a child on taxes handled with 50/50 custody?

Accepted Answer

In cases of shared custody, parents can agree during the divorce proceedings on who will claim the child as a dependent for tax purposes. Common arrangements include alternating years or assigning specific children to each parent. Resolving this in the divorce decree prevents future disputes. Consulting a CPA for guidance on which arrangement is most advantageous for your situation is also recommended.
Learn more: Taxes and Divorce in Texas

Question 9

What happens to my business if I get divorced in Texas?

Accepted Answer

Whether your business is separate or community property depends on when it was formed and how it was funded. Businesses started during the marriage with marital funds are typically considered community property and subject to division. Valuing and dividing a business often requires a forensic accountant or business valuation expert. Settlement options include one spouse buying out the other, co-ownership post-divorce, or selling the business and dividing proceeds.
Learn more: Key Considerations in Dividing Businesses During Divorce | Understanding Business Valuation in Divorce Cases | Characterizing Businesses and Business Interests

Question 10

Do I need a prenuptial agreement in Texas?

Accepted Answer

A prenuptial agreement is not required but can be a powerful tool for protecting separate property, clarifying financial expectations, and reducing disputes if the marriage ends. In Texas, a valid prenup must be in writing, signed voluntarily by both parties, and cannot be unconscionable. Common uses include protecting business interests, premarital assets, and future inheritance. It is advisable to have independent legal counsel review any prenuptial agreement.
Learn more: Why Prenuptial Agreements Are Essential | Understanding Prenuptial Agreements: Protecting Your Future in Texas

Law Office of Robert Tsai, PLLC

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