Houston Divorce Lawyer

Divorce is the formal process of ending your marriage. 

In a Texas divorce, the court makes a formal ruling on such matters as: 

• The custody of children
• Who pays child support and/or alimony
• How much that support will be
• Who controls the various assets and property divided between the spouses
• Who is responsible for certain debts

You and your spouse can agree on these matters and have your marital settlement agreement formally written up and submitted to the judge for approval. As long as your agreement is fair, serves the best interests of any children, and abides by Texas law, it will likely be approved. 

Grounds for Divorce in Texas

Texas law provides several grounds for divorce. It also provides a no-fault divorce in which you do not have to prove that your spouse did anything to break up the marriage. No-fault divorce in Texas is based on “insupportability,” which means that the marriage cannot continue because of the differences between you and your spouse that cannot be resolved. 

Texas also provides fault-based divorce grounds, such as cruelty, adultery, abandonment, a felony conviction, mental illness, and living separate and apart without any cohabitation for three years or more. 

Residency Requirements

To file for a divorce, either you or your spouse must have lived in Texas for the previous six months and in the county where you file for the previous 90 days. If you live in another state and your spouse still resides in Texas and has done so for the previous six months, you can file for divorce in the county where your spouse resides. 

Divorce Mediation

The court may order you and your spouse to engage in mediation at any time. This process allows you and your spouse to work out all of the agreements and arrangements needed to finalize your divorce on your own. This allows you to remain in control of these crucial decisions as opposed to being told what to do by the court. Attorney Mora can help you understand mediation and how it may apply to your case. 

How is Property Divided in a Texas Divorce?

Texas is a “community property” state, which means that assets acquired during a marriage are considered to be owned equally by both spouses (see Tex. Fam. Code § 3.002.) When it comes to divorce, division of property under this model means that all marital assets must be divided equitably between the spouses. (Note that “equitably” does not mean that assets will be divided 50/50; rather, they will be divided in a manner that is deemed fair by the Courts. Also note that any separate property, or property that was acquired by one spouse either prior to or during the marriage, is not subject to division; it will remain with that spouse as long as there is clear and convincing evidence that it is, in fact, separate property.) 

Division of assets and debts can sometimes be very complex, particularly when dissolving long-term marriages. It is important to work with an experienced attorney who can help parse through the history of assets and liabilities and ensure that your interests are protected.

Contested Vs Uncontested Divorce

When facing the end of a marriage, understanding the difference between contested and uncontested divorce is crucial. In an uncontested divorce, both spouses agree on all major issues, including property division, child custody, and support arrangements. This type of divorce is typically faster, less expensive, and less stressful, as it involves minimal court intervention. The spouses work together, often with the help of a mediator, to reach a mutually satisfactory agreement.

On the other hand, a contested divorce occurs when the spouses cannot agree on one or more key issues. These disagreements lead to a more complex and lengthy legal process, as the court must intervene to resolve the disputes. Contested divorces often involve multiple court appearances, extensive negotiations, and sometimes a trial. They can be emotionally draining and significantly more expensive due to higher legal fees and court costs.

Choosing between contested and uncontested divorce depends on the unique circumstances of each case. For couples who can communicate effectively and compromise, an uncontested divorce may be the best option. However, in situations where significant disagreements exist, a contested divorce may be necessary to ensure a fair and just outcome. A knowledgeable Houston divorce lawyer can provide guidance and representation tailored to the specific needs of each client.