1. Where can I file for divorce?
You can file for divorce in a county in which either you or your spouse has lived for at least 90 days, as long as that same person has lived in Texas for at least six months

2. Do I need a "legal separation" from my spouse?
 Texas does not recognize a legal status known as "legal separation." Under the Texas Family Code spouses are married until the Court grants a divorce.

3. How long does it take to get a divorce?
If the spouses have reached an agreement on all of the relevant issues a divorce may be obtained on the 61st day after the divorce petition was filed. If an agreement is not possible and the case must be tried, the length of time is primarily dependent on the Court's docket. In Harris County, most divorce cases are set for trial within six to twelve months after the divorce petition is filed.

4. How is property divided between spouses in a divorce?
The Texas Family Code requires that the Court divide the community property of the spouses "in a manner that the Court deems just and right." This means the Court is not required to divide the property 50-50 and can consider a variety of factors in deciding what is "just and right." These factors can include fault in the divorce, disparity in earning power, disparity in amount of separate property, etc.

5. What is the difference between separate property and community property?

Generally, separate property is property that was either owned by the spouse before marriage, acquired by gift / inheritance, or certain kinds of recoveries for personal injuries.

All property acquired during marriage by either spouse is presumed to be community property, and a spouse who asserts that particular property is separate property must prove its sole ownership.

6. How is child support calculated?
 Every state establishes numerical child support guidelines. Child support is based on a percentage to the non-custodial parent's income. It is from this percentage that the child support is calculated. The percent of net resources will be 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 children. There are caps and other considerations on child support amounts that may affect some individual payors.

7. What is "standard" visitation?
Most divorces involving children name one parent as the primary Joint Managing Conservator and grant the other parent (also a Joint Managing Conservator) "Standard Possession Order" visitation. The visitation is spelled out in great detail in the statute (Texas Family Code Section 153.312) and should also be spelled out in detail in the Final Decree of Divorce. A very short hand version of a typical visitation order (assuming both spouses reside within 100 miles) is as follows: the 1st, 3rd, and 5th Friday of every month from Friday (beginning at either school dismissal or 6:00 p.m.) until the following Sunday at 6:00 p.m., every Thursday beginning at either school dismissal or 6:00 p.m. and ending either at 8:00 p.m. that night or when school resumes the following morning), as well as 30 days in the Summer, and additional visitation periods for Spring Break, Thanksgiving, and Christmas, depending on whether it an odd or even numbered year. While Standard Possession Order is the most common visitation schedule, it may be inappropriate depending on the particular case.

8. What are temporary orders?
Temporary orders are orders issued by a court, after either a hearing or an agreement by the parties, which are designed to last until the divorce is final. Temporary orders commonly address issues such as child support, custody and visitation of the children, exclusive use of the marital residence, exclusive use of vehicles, alimony, and interim attorneys fees.

9.  Do I have to show fault to get a divorce? 
Texas is a no-fault divorce state which means that it is unnecessary to show that either party was at fault in order to obtain a divorce. It is only necessary to show that there is marital discord and there is no reasonable expectation of reconciliation. However, many fault issues (adultery, cruelty, etc.) are frequently relevant factors in divorce cases because they can have an impact on how the community property is divided, or how custody is decided.