Divorce in Texas
Texas is a community property state and allows for the choice between seeking an at-fault or no-fault divorce. The difference between these two types of divorces impacts the division of assets, spousal support, and custody arrangements.
Please contact us if you have any questions or if your spouse has already filed for divorce and hired an attorney. Let a Houston attorney review the agreement before you agree to conditions that are not advisable. We will help you come up with a reasonable division of assets during the divorce process.
Where do I start with a divorce?
The first step in a divorce is the decision to file. It can be and often is a difficult decision. My job is to guide a client through the many steps of a divorce lawsuit and to advise throughout the entire process. I try hard to provide honest advice.
What are the steps involved in the divorce process that I need to know?
After filing the original petition for divorce, courts will often issue “temporary orders,” which are orders in place during the lawsuit. After the hearing or an agreement on temporary orders, the parties continue in the “discovery” stage. Discovery generally involves the exchanging of information and documents. After discovery, a court usually requires the parties to mediate to see if some or all issues in the case can be resolved. There will be a final trial for the issues that are not resolved.
How do I file for divorce in Houston, Texas?
I meet with a client before the filing for divorce to obtain necessary information and to decide the possible claims that are relevant in the divorce lawsuit. Once the petition is approved by a client, I file the petition for divorce to start the divorce proceedings.
What happens in a Divorce?
In a divorce case, the court decides the custody arrangement, if there are children involved, and divides the property the parties accumulated during the marriage.
What does a family and divorce lawyer do?
A family and divorce lawyer is an advocate and fights for the client’s goals in a case. My job is to advise clients on how their goals for a case may play out in court based on the evidence presented and the possible risks associated relating to client goals.
How to tell friends and family about divorce?
Divorce is always difficult to discuss, and each situation is different. This is a personal decision a client should make on his/her own. When a client is ready to discuss this with family and friends, I can help guide the process.
Divorcing in Texas with children. Which parent gets the kids?
Each case is different, and the court always considers the children's best interest. Usually, a strong factor a court will consider is who has been the children's primary caretaker during the marriage. However, this is not a determinative factor, and each case will have several factors to consider.
How to file an agreed divorce with minor children in texas?
When you have an agreement on all the issues in a case, an agreed decree of divorce can be drafted and signed by the parties. However, each divorce case requires an open lawsuit; thus, a petition for divorce must be filed, and the opposing party must be served or waive service.
How can I get a quick divorce in Texas?
If there is an agreement on all issues in a case, a signed agreed decree of divorce can be filed with a court after the petition for divorce has been filed and the other spouse has been served. However, Texas has a 60-day waiting period before a court may grant a divorce unless certain exceptions apply or a court waives the waiting period requirement.
Can you divorce without your spouse's signature in Texas?
Yes, it is possible to get divorced in Texas without a spouse’s signature on a decree of divorce. The spouse must still be served with the petition for divorce to satisfy due process requirements. The court will also allow some time after service in order for the other spouse to respond to the lawsuit.
Do you have to prove 2 years separation for divorce?
No, in Texas, the parties do not have to be separated at the time of the divorce filing.
What are the different types of Texas Divorces?
Divorces in Texas can generally be contested or uncontested. Contested means there are issues, for custody and/or property, that the parties cannot agree on and will require the court to make a decision. Uncontested means the parties can agree on all custody and property issues in a case.
How long does a divorce take in Texas?
This depends on how many issues the parties do not agree on in a case. The more custody and property arguments or claims there are, the longer the case will be. Generally, uncontested divorces will be finalized in a couple of months. However, complicated divorces can last 2-3 years or more.
How does cheating/adultery affect divorce in Texas?
Cheating will generally affect how a court divides the property the parties own in a marriage. Cheating may affect custody if the relationship affects the children's best interest.
What is the difference between fault and no-fault divorces?
Texas is a no-fault state, and the court may grant a divorce without fault grounds. However, if a party seeks fault grounds in the divorce, the court may grant the divorce based on fault. Fault grounds may also affect how the property is divided in a divorce.
Is no-fault divorce good?
No-fault divorce is not “good” per se, but it is the most common grounds for a divorce. Seeking a no-fault divorce may also shorten your divorce case because fault grounds are not usually agreed in a case.
What is community property in Texas?
Primary residence, vehicles, boats, motorcycles, jewelry, watches, artwork, photos, and keepsakes.