FAQ’s Regarding the Texas Divorce Process and Procedures


Nancy L. Rommelmann PLLC

By Nancy L. Rommelmann PLLC | Family Law Attorney –

According to the Texas Family Code

General Residency Rule for Divorce Suit:

At the time of filing a suit for divorce in Texas, either the petitioner or the respondent has to be 1) a domiciliary of this state for the preceding six-month period; and 2) a resident of the county in which the suit is filed for the preceding 90-day period.

What are grounds for Divorce?

The court may grant a divorce without regard to fault (no fault divorce), cruelty, adultery, conviction of felony, abandonment, living apart or confinement in mental hospital.

Is it separate or community property?

Community property consists of the property, other than separate property, acquired by either spouse during marriage.

A spouse’s separate property consists of: 1) the property owned or claimed by the spouse before marriage; 2) the property acquired by the spouse during the marriage by gift, devise or descent; and 3) the recovery for personal injuries sustained by the spouse during the marriage.

Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

If one spouse makes a gift of property to the other spouse the gift is presumed to include all the income and property that may arise from that property.

What is a Temporary Restraining Order (TRO)?

This is a court order that sets forth acts which either one or both parties are prohibited from doing immediately after the petition is filed. It usually prohibits bad acts, such as hiding money from the other spouse, attempting to hide a child of the parties, harassment, etc.  If a person violates a TRO, they can be held in contempt of court and punished by a fine and/or sentenced to jail.

What if I reconcile with my spouse?

You can file a “nonsuit” to dismiss your divorce proceedings.

“Your value doesn’t decrease based on someone’s inability to see your worth.”