Divorce Law in Houston, TX
DIVORCE LAWYER
Divorce is an emotionally charged experience, and having a knowledgeable legal professional by your side to guide you through these matters is essential. The right divorce lawyer will be able to take the time to answer all of your questions, explain the law that applies to your situation, help you with the divorce papers, and represent you during negotiations or litigation when necessary.
Texas is a no-fault divorce state, which means that in order to file for a divorce, neither spouse needs to prove that the other spouse did something wrong. All that must be proved is that the marriage became insupportable. That said, in Texas, fault-based divorce is still possible. A divorce may be granted in favor of one spouse over the other on fault-based grounds because of abandonment, adultery, cruelty, confinement in a mental hospital, or conviction of a felony.
Regardless if you are seeking a fault-based or a no-fault-based divorce, you will have to present evidence to prove the grounds for your divorce. The amount of evidence needed will depend on the facts, circumstances, and complexity of the case.
Frequently Asked Question
What do you need to know about divorce law in Houston?
In Houston, divorce law is regulated by the Texas Family Code, which governs all aspects of the divorce process. When filing for divorce in Houston, there are several factors to consider. Since Texas is a no-fault divorce state, you do not need to prove fault to obtain a divorce. However, you'll need to determine if you’re filing for a contested or uncontested divorce. Depending on whether you’re seeking a contested or uncontested divorce, the process will vary.
With a contested divorce, both parties must attend a court hearing and present their case before a judge. With an uncontested divorce, the process is much simpler, and it is unnecessary for both parties to attend court.
The state of Texas has a six-month residency requirement for couples seeking divorce. This means that either party must have lived in Texas for at least six months prior to filing for a divorce. You’ll also need to prove that you’ve lived in the county the divorce is filed in for at least 90 days before filing.
What are the grounds for divorce in Houston?
The divorce process requires parties to establish grounds for a divorce. The most common grounds for divorce in Texas are insupportability, living apart for three years, and cruelty. If you can prove that the marriage has become insupportable due to discord or conflict of personalities, then you are eligible for a divorce on the grounds of insupportability. For a divorce based on living apart for three years, you must prove that you and your spouse have lived separately for three years or more. Finally, to obtain a divorce on the grounds of cruelty, you will need to prove that the other spouse has committed acts that render the marriage intolerable and burdensome.
How is property division settled in Houston?
When a couple divorces in Texas, the court divides the couple’s property according to the laws of the state. The court will determine a just and right division of the marital estate. The court is looking at what will be an equitable division of the marital assets considering factors such as contribution to the marriage, assets that will be controlled after the marriage, employable skills of each spouse, earning ability, fault in the breakup of the marriage, and even whom the children will live with and their needs. Texas is a community property state, meaning that any property or debt acquired during the marriage must be divided equitably between the two parties. This includes any income, savings, investments, houses, cars, other property and/or debt. If you and your spouse cannot agree on a fair division of property, a court will decide.
How is legal custody awarded in Houston?
Child custody is another important area that must be settled during a divorce. Both parents will have to agree on a parenting plan that outlines the terms of visitation, legal decision-making, and custody. If the parents cannot agree, the court will make the decision based on the best interests of the child. In the state of Texas, joint custody is presumed to be in the child’s best interests. However, that presumption can be overcome if joint custody is not in the child’s best interests. If the parties are unable to agree, regardless of the type of custody granted, usually, one parent will get the right to determine where the child resides.
Who pays for child support in Houston?
For parents with minor children, child support is another key aspect to settle during a divorce. The amount of child support is determined by the Texas child support guidelines, which take into account the income of the noncustodial parent, the needs of the child, and the standard of care that each parent provides. The court will want to make sure that the amount of support is adequate to meet the needs of the child and that both parents are contributing to the support.
How is spousal maintenance established in Houston?
Texas does not use the term alimony. What most people refer to as alimony is referred to as spousal maintenance in the Texas Family Code. This is another important aspect to settle during a divorce in Houston. Spousal maintenance is designed to provide financial support for a spouse who is unable to support themselves financially. The amount of spousal maintenance is based on the needs of the spouse, their income, the length of the marriage, and the ability of the payee spouse to pay.
What will the court take into consideration?
When making its decision, the court will consider several factors, such as the length of the marriage, the age and health of the spouses, the standard of living during the marriage, any children involved, and any other relevant factors. The court will also consider the amount of property to be divided, the amount of alimony or spousal support to be paid, and the division of any debts and assets. Finally, the court will evaluate any agreements made between the two spouses. For example, prenuptial agreements, as well as postnuptial agreements, will be taken into consideration. These agreements are used to establish the financial and legal rights of both spouses before or after the marriage.
What will the court take into consideration?
When making its decision, the court will consider several factors, such as the length of the marriage, the age and health of the spouses, the standard of living during the marriage, any children involved, and any other relevant factors. The court will also consider the amount of property to be divided, the amount of alimony or spousal support to be paid, and the division of any debts and assets. Finally, the court will evaluate any agreements made between the two spouses. For example, prenuptial agreements, as well as postnuptial agreements, will be taken into consideration. These agreements are used to establish the financial and legal rights of both spouses before or after the marriage.
What is the role of a divorce lawyer?
Divorce is an emotionally and financially draining process, but having an experienced divorce attorney can help you manage this complicated process and the complexities of the legal system. While hiring a divorce attorney is not mandatory in Houston, it often proves the best decision one could make. A Houston divorce lawyer skilled in the practice of family law can provide valuable advice and legal representation to help protect your future interests. With their expertise, they are able to help guide you through the entire process, from filing paperwork to settling disputes between parties.
How can our divorce lawyer help?
Our experienced divorce lawyer can help you understand the different types of divorce available in Texas and which one might be best for your situation. She can also help you work out a fair marital property division, alimony, and child support payment, if applicable. When they have quality representation, clients find it easier to understand how to file for divorce and collect the relevant documents and evidence for their case.
Our experienced lawyer will listen to your concerns during this emotional process and provide you with strategies and options to help you make an informed decision. Of course, when the time comes, our family law lawyer will be the one to present your case in the most effective manner possible and work to ensure that you receive a just and fair settlement.
Our family lawyer can also represent you in court and provide legal counsel in the event of an appeal. Our journey, however, doesn't end with the divorce settlement. Our experienced attorney can be there for you to help you with post-divorce matters. She can help you modify your parenting plan, if necessary, and update your will. We can also provide guidance and advice on other family law matters and legal issues, such as protecting your assets and parental rights post-divorce.