Frequently Asked Divorce Questions

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How long do I have to live in San Antonio to file for divorce?

 

If you do not have children, the Texas Family Code requires that you file your divorce in the county that you have lived in for the last 90 days.

 

However, if you do have children that are included in your divorce, the Texas Family Code requires that you file for your divorce in the county that the children have lived in for the last 6 months. 

 

For example, if you and your children lived in Hays County for 6 months and then moved to Bexar County, even if you have been here 90+ days, your divorce would still have to be filed in Hays County as required by the venue provision in the Texas Family Code.

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Is there a mandatory waiting period in Bexar County before a divorce can be granted? How long will a divorce take?

 

Yes, there is a 60 day waiting period from the date the petition is filed. If your spouse does not contest the divorce or is in agreement with the divorce, the waiting period is usually no longer than 60 days. If your spouse decides to fight the divorce, it could take a significantly longer time. 

 

However, the 60 day waiting period is not required, and the court may grant a divorce, if the divorce court finds that your spouse has been convicted, or received deferred adjutication for an offense involving family violence against you or your household or you have an active protective order against your spouse based on a finding of family violence commited during the marriage. 

 

Also, if you or your spouse is pregnant, the court will not allow a divorce to be granted until the child is born in order to establish parentage, custody, child support, or a DNA test to confirm parentage if one spouse 

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