FAQs

Attorney Kathy Black is dedicated exclusively to family law and is Board Certified in Family Law by the Texas Board of Legal Specialization. The Law Offices of Kathy Black in Conroe, Texas answers questions clients frequently ask us about divorce and division of property and debt:

 

I was recently married and my marriage is just not working. What are the grounds for divorce in Texas?

You may get a divorce without regard to fault, if the marriage has been insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Grounds for divorce in Texas include:

  • Cruelty
  • Adultery
  • Abandonment
  • Insupportability
  • Living apart for three years
  • Confinement in a mental hospital

What are the filing rules for divorce in Texas?

You may file for divorce in Texas if you or your spouse have resided in the state for at least six months prior to filing and have lived in the county where you intend to file for the preceding 90-day period.

May I get an annulment instead of a divorce?

The court may grant an annulment of a marriage under a number of circumstances, including underage, under the influence of alcohol or narcotics, impotency, fraud, duress, force, mental incompetency, a concealed divorce, and marriage within 72 hours of issuance of a license of marriage.

My spouse and I both want a divorce, but we cannot agree on child custody. Is it possible to get a divorce and arrange for custody later?

No. Divorce and conservatorship of the children are not severable actions. Divorce consists of:

  • Dissolution of the marriage
  • Division of the marital estate
  • Custody and support of the children

If you and your spouse separate, you can work out a parenting plan. In the event you cannot reach a custody and support agreement, you can seek a court order and let the judge decide without filing for divorce.

How is property divided in a divorce?

Texas is a community property state, meaning that the court divides all marital property and debts between the parties in the divorce in an equitable manner. Community or marital property refers to all property, acquired by either spouse during the marriage. Separate property is anything a person owns before marriage and any property inherited or specifically gifted, during the marriage.

How does the court differentiate between community property and separate property?

The court starts with a presumption that all property acquired during the marriage is shared or community property. If any part of the property is your separate property, then you may rebut the presumption by showing specific evidence that the property is separate. For example, if you and your spouse own a car at the time of divorce, the court presumes that it is community property. However, if you have a title, showing the date of the purchase of the vehicle prior to the date of your marriage, you have proof that the car is your separate property.

For more information on how your Texas lawyer will help you, click here to view a PDF version of the Texas Lawyer’s Creed.

My spouse and I aren’t sure we want a divorce. Until we decide, can we get a legal separation?

Unlike many other states, there is no legal separation in Texas.

I’ve been a stay at home mom throughout my marriage. Can I get alimony, while I go back to school to learn skills to support myself?

In Texas, alimony is referred to as spousal maintenance. The court can order temporary
spousal support while the divorce is pending, depending on your facts. Once the divorce is final, only under certain circumstances defined by the Texas Family Code or by agreement will spousal support continue.

 

In family law cases, as with any legal matter, it is important to have an attorney who can protect your rights and best interests. Whether you are in the military or live in Conroe, The Woodlands, Magnolia and surrounding towns in Montgomery County, call The Law Offices of Kathy Black at (936) 537-2471 or contact us online.

Texas family law attorney, Kathy Black, serves clients in Conroe, Cut and Shoot, Montgomery, Shenandoah, Splendora, The Woodlands and Willis and all areas and towns within Montgomery County.