Texas Divorce FAQ

Yes. You can obtain a divorce in Texas as long as one party meets the residency requirements. However, you will need a long arm provision, which incurs an additional fee.

Pro Se means that a party is representing themselves in a court proceeding without an attorney.

Uncontested means the parties agree on all issues including property and children.

Divorce laws in Texas require that your divorce is on file for 60 days before you can finalize it.

The waiting period can only be waived in instances of family violence. Should family violence be an issue in your case, please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers to ensure you have appropriate representation. Of course, should you be in current or imminent danger, dial 911 or your local emergency number immediately.

Your spouse will only have to be served with a citation if he or she will not sign a Waiver of Service. If this is the case, you no longer qualify for the Simple Texas Divorce program. Please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers to ensure you have appropriate representation.

Yes. You can agree to an amount of child support that is either higher or lower than the standard child support. This agreement is subject to approval from the judge.

The Simple Texas Divorce program is a flat-fee program. Please refer to our Services page to determine what type of service fits your case, the fee associated with that service, and the terms and conditions.

Yes. A wage withholding order can be sent to your spouse’s employer informing them of the amount of child support to be withheld. The funds will be withheld from your spouse’s pay and will be sent to the State Disbursement Unit who will record the payment and forward it on to you.

While it is possible to start a divorce while in bankruptcy, you will not be able to finalize your divorce while in bankruptcy. You are not eligible for our Simple Texas Divorce program. Please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers so we can assist you.

You can still obtain a divorce in Texas even if your spouse is incarcerated. If your spouse has to be served with citation, your case will no longer be considered uncontested and you will no longer be eligible for a Simple Texas Divorce. However, should your spouse be incarcerated in a facility that offers notary services and your spouse is able to sign a Waiver of Service, then you would be eligible for our Simple Texas Divorce program. Please contact the detention center to learn if that facility provides this service.

You can obtain a divorce in Texas even in the event you are unable to locate your spouse. If you and your spouse have children, an attorney ad litem will have to be appointed to represent your spouse. If you are unable to locate your spouse, your case will no longer be considered uncontested and you will no longer be eligible for a Simple Texas Divorce. Please contact our full-service family law firm, Coker, Robb & Cannon, Family Lawyers, to learn how we can best assist you.

If this is an uncontested divorce, your spouse can agree to pay your attorney fees. However, our contract will be with you and you will be responsible for your own fees with our office.

Our office does not provide legal advice on taxes. Should you have questions on how your divorce can affect your taxes, please consult your accountant.

Technically, whoever’s name is on the bills is responsible for payment, but local standing orders typically prevent either party from allowing utilities to be canceled. In an uncontested divorce, you should be able to agree on how the bills will be divided.

Yes. It has become more common with the current state of the housing market and economy for spouses to continue living together while their divorce is pending.

Yes. Being intimate with your spouse will not have any effect on your ability to get a divorce in Texas. If, however, a child is conceived between you and your spouse, provisions regarding the child such as conservatorship, possession, and child support will have to be included in your decree.

This answer to this question depends on your jurisdiction. Typically, courts will allow a spouse to use funds to pay for household expenses and attorney fees. It is important to check with your jurisdiction to determine if they have standing orders that regulate the conduct of the parties.

This answer to this question depends on your jurisdiction. It is important to check with your jurisdiction to determine if they have standing orders that regulate the conduct of the parties.

Courts that have standing orders often prevent one parent from hiding a child from another parent, but that does not guarantee you will always have as much access to your child as you want. Until some kind of Court orders are in place, you each have equal rights to take or move your children.

In an uncontested divorce, you can agree to divide your marital debts however you want to. In most circumstances, a court will divide them 50/50 or try to assign a party the debts in that party’s name.

Texas does not have alimony. In lieu of alimony, Texas has spousal maintenance. Spousal maintenance is temporary and can only be ordered up to a maximum of three years unless the parties agree otherwise or in cases where one party is disabled.

This is an extremely common question for any divorce attorney. In Texas, a divorce can be granted even if one spouse does not want a divorce.

An attorney can only represent one party. However, if you are in agreement on all issues, the attorney can prepare papers for the client based on that agreement. The other party does not have to get a separate attorney.

In Texas, the requirements for a common law marriage are:

• The parties have to agree to be married
• The parties have to cohabitate together after the agreement
• The parties represented to others that they were married

Yes, but the difficulty lies in proving the existence of a common law marriage. If a common law marriage is established, it is treated the same as a formal marriage.