Many people want to know if they meet the residency requirements to file for divorce in Flower Mound. The basic Texas residency requirement is that one of the spouses must have been a resident of Texas for at least six months prior to starting the divorce by filing the Original Petition for Divorce, and a resident of the county where the Original Petition for Divorce is to be filed for at least 90 days prior to the filing.  There may be other residency or geographic areas or issues to discuss as the divorce progresses if there are minor children involved in the divorce, however these are the preliminary requirements to start a Texas divorce and be able to file an Original Petition for Divorce.  Our experienced Flower Mound divorce attorneys are available to discuss residency questions in a Texas divorce more specifically based on your facts and situation.

Texas is a community property state, which means that generally, property, assets, and debts acquired during the marriage are considered community property.  Community property is subject to equitable division upon divorce in Flower Mound and across Texas. Generally, separate property is not subject to equitable division in a Texas divorce.  Separate property is generally property owned before marriage, inherited during the marriage, gifts received during the marriage, and certain settlements in litigation. Determining whether property is separate or community is an issue your divorce attorney will discuss in depth with you when you work with one of our experienced divorce attorneys.

People often ask how property, including real estate, retirement accounts, and debts, will be divided.  Questions regarding how community property is divided are difficult to answer until the attorney knows more about the real property owned by the spouses, the specific types of retirement accounts, and any other marital property as well as the details about the specific debts and liabilities involved in the divorce.

Questions about Flower Mound Texas child custody (conservatorship) and Texas child support are also very common. Texas courts focus on the best interests of the child when determining conservatorship (custody) and possession (visitation) arrangements and schedules.  Texas laws that apply in a divorce (Texas Family Code) provide guidelines, possession schedules, and holiday schedules for parents.  Parents can also create custom agreed upon possession schedules, if they choose to work together to do so. Child support is determined based on Texas child support guidelines provided in the Texas Family Code that use income and number of children to calculate child support based on percentages.  However, other situations and agreements may be taken into consideration also. There are other factors that may be considered in both child custody and child support, and our attorneys are available to discuss details and facts as they apply to a specific divorce.