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Frequently Asked Questions About Divorce in Texas

Each divorce is unique. It is not surprising that many divorce processes are confusing. While some divorces are straightforward, many are not. Over 75,000 divorce cases are filed in Texas each year; some of these cases will run smoothly and others simply won't. Will yours be complex or relatively "easy"? Will it be contentious or amicable? 

In many ways, the direction of a couple's divorce is determined by the couple in question. However, there are some elements of the divorce process that exist outside of a couple's control. Here are a few commonly asked questions about divorce process basics. As you consider the answers noted below, please understand that an experienced family law attorney may be able to explain how your unique circumstances will be impacted by these basics. 

Frequently Asked Questions About Texas Divorce

Q: From start to finish, how much does a divorce approximately cost?

A: Defined costs vary on a case by case basis. Annual incomes, stock holdings, savings funds and investments certainly do come into play here as well. Bottom line: it's worth it to do your homework on your financial portfolio and see how a divorce would affect it ahead of time. In addition, it is worth noting that if you and your spouse can remain amicable throughout the divorce process, it will prove to be less expensive than it would if you had opted to "battle" over various disagreements in court. 

Q: Do grandparents have rights in Texas?

A: That depends. According to the Texas Family Code, grandparents have limited visitation rights and can receive full custody of the children if the home of their immediate parents does not benefit their health and well-being.

Q: How old can a child be to decide where he or she wants to live?

A: Though the state court judge has the ultimate final say, a child who is twelve years and older can file a Choice of Managing Conservator document to determine who he or she wants to live with. The judge will then consider the document and determine if the choice is in the child's best interests. While a choice of Managing Conservator is not binding, it is very persuasive in the court. 

Q: What are the residency requirements in Texas to file a divorce?

A: In order to file a divorce, either spouse must be living in Texas for at least six months and in their county for at least 90 days. You can allow the government to verify this information for you without disclosing your address if you are a participant of the Texas Attorney General's Address Confidentiality Program. If you aren't a resident in Texas but your spouse is, you can file a Texas divorce in their residing county.

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