Law Office of Robert E. Luttrell III-Cleburne, Texas

Yes. Both parties must be at least 18 years old to obtain a marriage license. If either party is under 18 years of age, parental consent or a court order is required.

What is common law marriage?

What is a "licensed marriage?"A "licensed" or "ceremonial marriage" requires a marriage license and is performed by an authorizes official like a minister, priest, rabbi, or judge.

An informal marriage, sometimes called a common-law marriage, can be created when a man and a woman sign and register an official document of marriage at the county clerk’s office. A man and a woman may also enter into an informal marriage if they agree to be married, live together in Texas as husband and wife, and represent to others in Texas that they are married. An informal marriage may not be entered into if either party is less than 18 years old.

How long must I live in Texas to get a divorce here?

Before filing, one of the spouses must live in Texas for at least six months and in the county where the divorce is filed for at least 90 days.

Is this different if I am in the military?

Yes. Time spent by a Texas resident outside of Texas while in the military, satisfies the residency requirement in Texas for a divorce.

Is there such thing as "common law divorce?"

No. If the parties to a non-registered informal marriage separate and live apart for two years or more, the parties may or may not need a divorce depending on the circumstances. Parties to a registered informal marriage must be divorced the same as parties who were married in a ceremony with a marriage license.

Is an annulment different from a divorce?

Yes. An "annulment" is a proceeding to have a marriage declared void as if it never took place. A "divorce" is the proceeding to end a valid marriage.

What are the grounds for an annulment?

An annulment will be granted if the parties are related by blood or adoption or if either party was previously married and the prior marriage has not been dissolved. An annulment may be granted if, at the time of the marriage, 1 party to the marriage was: underage, under the influence of alcohol or drugs, impotent, mentally incompetent, forced to marry; or was misled about a prior divorce. In most cases, the law requires that the person seeking annulment must cease living together with the other party once the problem is discovered.

Must one person be "at fault" for a divorce to be granted?

No. In Texas, a divorce may be granted without either party being fault. A divorce may also be granted when one party is found to be at fault in the break-up of the marriage.

What if there are children of the marriage?

If there are children born, adopted, or expected, during the marriage, the suit for divorce must also address matters of custody, visitation, and child support. If a wife has given birth to a child or is expecting a child since the time she married, but the child is not or may not be the biological child of her husband, that information must be given to the court as soon as possible.

How do I begin my divorce suit?

A petition for divorce must be filed in the districts clerk’s office and required fee paid.

Who is the "Petitioner" and who is the "Respondent?

The party who files for divorce first is called the "Petitioner" and the other party is called the "Respondent."

How is my spouse notified after I file my petition?

1. By receiving a copy of the petition from a sheriff, constable, or process server; or 2. Certified mailing from the district clerk’s office; or 3. If the parties agree, the non-filing spouse may, after the petition has been filed, sign a document called a "Waiver;" or 4. If your spouse cannot be located, notice can be published.

What happens after my spouse is notified of the filing?

Once a Respondent is officially notified, there is a deadline to file a response to the petition. If the deadline is not met, the Petitioner may be able to go forward and obtain a divorce by "default."

Can my spouse ask for a divorce also?

Yes. The Respondent may file his or her own request for divorce in a document usually called a counter-petition for divorce.

How long will it take for my divorce to be final?

Texas law requires that a divorce be on file with the Court for at least sixty (60) days before the Judge can grant the divorce. There are several other factors that impact how long your divorce will take:

* Is your divorce contested?

* Are there children involved?

* Do you or your spouse have a retirement account?

* Do you have any property that needs to be sold or divided?

* What is the size of your estate?

* How busy is the Court’s schedule?

All of these factors can delay the final divorce hearing.

Can my spouse and I get legally separated to see if we really want to get a divorce?

There is no "legal separation" in Texas. A divorce petition must be filed with the Court, then the Court can make temporary rules for the parties to live by until the divorce is either final or dismissed.

What will happen while we wait for the divorce to be final?

In some cases, the Court can make "temporary orders" that give the parties rules to live by while waiting for the divorce to be final. These temporary orders can provide for temporary child support, temporary custody, temporary visitation, temporary use of property, temporary payment of debts, temporary spousal support and temporary restraining orders.

Do I have to hire an attorney to get a divorce?

No. You may act as your own attorney. Persons acting as such in court are called pro se litigants and are expected to follow the same rules of procedure, evidence, and decorum as an attorney.

Am I entitled to a court-appointed attorney?

Only under very special circumstances.

What do I do if I can’t afford an attorney?

There are several programs in Texas which offer help to persons who cannot afford to hire an attorney. However, you will be required to meet stringent financial guidelines.

What happens if I reconcile with my spouse?

If you and your spouse reconcile, you can leave the divorce pending until you are sure that the reconciliation will work. Then, you may dismiss your divorce proceeding by filing a request for nonsuit.

When is my divorce final?

Your divorce is final when all the property and child related issues are resolved and the presiding judge signs an order, usually called a Decree of Divorce.

How long must I wait to get married again?

In most cases, you must wait 30 days, unless the court grants a waiver.

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