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Different states have varying policies when it comes to divorce. There are some states that recognize all property and income earned by a married couple as belonging equally to both of them, and Texas is one of those states. This is what is known as community property state. Regardless of whose name is on the deed or ownership papers, both spouses have equal ownership of most assets acquired during the marriage, with certain exceptions. If you want to protect your assets, it is very important to talk to a divorce lawyer in Houston, Texas.

Determining Separate Property
separating property divorce
During divorce proceedings, the court presumes that all assets are community property. If certain property is yours and only yours, it will be necessary to prove that it is separate property – not community property. Separate property includes, but is not limited to, the following:

  • Property that was previously owned by the spouse before the marriage
  • Property that was acquired by gift or inheritance
  • Certain kinds of recoveries for personal injuries

Naturally, you are going to need to prove that your separate property is indeed yours. This can be difficult if you are not familiar or comfortable with the legal system. Having a divorce lawyer in Houston, TX on your side is going to drastically improve the chances of getting the desired results. You should never attempt to go into a legal situation without proper representation and consultation – especially when your assets are at stake.

tangible intangible property

Tangible and Intangible Property

There are many different types of assets that will need to be divided. The most common are houses, personal property like jewelry, clothing, furniture, and other physical goods, as well as intangible property like benefits, dividends, and income. Splitting community property can also means equally splitting debt. This can be a daunting revelation for many spouses who did not realize that debt even existed. That is why it is so important to have a divorce lawyer in Houston, Texas to help you to prove ownership (or lack thereof) of community and separate property.

Spousal Support

legal advice splitting assets

In addition to splitting assets, it may be necessary for one spouse to pay spousal support to the other. Spousal support sometimes occurs when one spouse earns more income than the other, and divorce would cause the spouse seeking support to no longer be able to support their basic needs. The court will consider many different factors to determine with spousal support, often referred to as alimony, is appropriate. Again, the right divorce lawyer in Houston, Texas will be able to help you receive or keep what is rightfully yours during this trying time.

Protect Your Property with a Reputable Attorney

Divorce proceedings can be difficult, overwhelming, and quite complex. Attempting to navigate these harsh channels on your own can be quite costly. As you go through these changes in your life, it is essential that you have proper legal counsel. Ramos Law Group, PLLC has the skills and expertise to help you every step of the way. Don’t let divorce get the best of you – call Ramos Law Group, PLLC today.

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Although going through a divorce is easy, sometimes divorce is the best decision for you and your family. If you reach a point when you realize that remaining in your marriage is only going to be detrimental to your life, it may be necessary to take steps to legally end your relationship. While this may be a daunting prospect, you can take comfort in the fact that a divorce lawyer in Houston, TX can walk you through the entire process.

divorce preparations

Prepare Yourself

Before you contact a divorce lawyer in Houston, TX, you should make sure that you know what a divorce entails, what to expect, and what the requirements are in the state of Texas. You should also start thinking about what you want your life to look like once the divorce is final. Once you are confident that you are ready and able to complete the divorce proceedings, you should contact a reputable attorney in the area. This guide will help you to understand what is needed to take the first steps in a divorce and what to expect along the way.

Residency Requirements

Before you even considering filing for divorce with a divorce lawyer in Houston, TX, you need to be positive that you are doing it in the right place. There are several residency requirements that must be met prior to filing, so be sure that you qualify before you waste any time or money. First, you need to have lived in the state of Texas for at least 6 months prior to filing for divorce. Second, you need to have lived in the same county that you currently reside in for at least 90 days. You should file for divorce in the county in which you reside.

divorce process in houston

Grounds for Divorce

Now that you have established that you are legally able to file for divorce where you live, you need to prove that you have a valid reason. This is very easy, because Texas recognizes no fault divorce. Simply wanting to be divorced is enough. There are 7 grounds for divorce in Texas. A no-fault divorce can be determined if the grounds for divorce is insupportability, which simply means that both parties are unable to continue living together because of a disagreement that cannot be resolved, a conflict of personalities, or anything along those lines. Additionally, a divorce may be the fault of the other spouse if the grounds are cruelty, adultery, conviction of felony, abandonment, living apart, or confinement in a mental hospital.

Filing and Serving

Once you have determined that you meet the basic requirements for a divorce, it is time to file the petition in a Texas family law court. As the petitioner, you are responsible for serving the petition to your spouse, who is referred to as the respondent. If the two of you are on amicable terms, it may be possible to bypass service in order to save time and money. There are specific rules regarding service so it is  important to speak with a Houston divorce lawyer to make sure service is proper. If service is improper, the judge may not grant your divorce until your spouse has been properly served.

You Don’t Have to Take the First Step Alone

Taking the first step is usually the hardest part, and thankfully a good divorce lawyer in Houston, TX can offer you professional support and advice. Ramos Law Group, PLLC is well-respected in the Houston area, and you can be sure that we will give you the expert attention that you deserve. We have years of experience helping people to take that first step towards a better life, so call us today.

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No one wants to have to go through a divorce, but unfortunately, sometimes it is necessary for the emotional wellbeing of the parties involved. If you are considering filing for divorce, it is important that you know the basics of divorce law in Texas, including understanding the legal grounds for divorce. Your first step should be to contact a divorce lawyer in Houston for legal advice, as the outcome is going to play a very significant role in your post-divorce life. Together, you and your attorney can determine the reason for the divorce, which will directly affect the end results.

Determining the Type of Divorce

The state of Texas recognizes both “fault” and “no-fault” divorces. In the case of a no-fault divorce, it is unnecessary for either party to prove any marital misconduct. In a fault divorce, the person alleging fault must prove the elements of the allegations.

Fault or No-Fault

In a fault divorce, the innocent spouse may be eligible to receive a larger portion of the community estate. It is important to speak to your divorce lawyer in Houston about your specific situation in order to proceed properly. There are 7 different grounds for divorce:

1. Insupportability – This is a no-fault divorce. Insupportability simply means that there has been some sort of disagreement, an unresolvable difference in opinion, conflict of interest, clashing personalities, or anything else that makes reconciliation impossible, including simply not getting along. No fault divorces based on insupportability are the most common type of divorce.

2. Adultery – When one of the spouses has been unfaithful, the other can file for divorce based on the grounds of adultery. If an extramarital affair does occur, it is important  o gather as much evidence as you possibly can in order to prove that your allegations are true. It is also important to discuss adultery with your spouse. If your spouse admits to adultery, you may testify to his admission in court.

3. Cruelty – If one spouse treats the other in a cruel manner, the court may rule in favor of the abused spouse. Again, be sure to gather evidence of mistreatment if possible. Pictures, witness testimonies, and anything else that supports your case is beneficial to have. Cruelty can take the form of physical or mental abuse that makes living together impossible.

4. Abandonment – If one spouse left the other for over 1 year, the abandoned spouse will be eligible to file for divorce on these grounds.

5 Living Apart – The judge may rule in favor of either spouse if they have lived apart for at least 3 years without any cohabitation.

6. Conviction of Felony – One spouse may find favor with the judge if the other spouse has been convicted of a felony during the marriage, and spent at least 1 year in a federal or state penitentiary. If one spouse was convicted based on testimony from the other spouse, the court may not grant a fault divorce.

7. Confinement in a Mental Hospital – If one spouse has spent at least 3 years in a state or private mental health facility, the court may rule in favor of the petitioner.

Contacted a Reputable Attorney

If you believe that you have reasonable grounds for a divorce, or if you just need more information, contact a divorce lawyer in Houston. Attempting to go through the divorce procedure without a divorce lawyer in Houston can be extremely difficult, and taking a risk with such an important aspect of your life is never a good idea. Contact Ramos Law Group, PLLC today to learn more about the grounds for divorce in Texas.

While there is no denying that going through a divorce is difficult for everyone involved, unfortunately, sometimes the children suffer most. Going through such a significant change in family structure is often very challenging for children. Despite this difficulty, it is also important to note that the end results can be positive overall. As you go through the divorce process, be sure to take necessary steps to ensure that proper custodial decisions are made in the best interest of your child. Hiring a reputable divorce lawyer in Houston should be your first step.

Try to Reach an Agreement

child custody evaluation

Once you have consulted with an attorney about your options and how to approach them, most courts require that the parties attempt to reach an agreement regarding child custody. In an ideal situation both parents would be able to cordially arrive at an agreement that works for both parents and children. Unfortunately, this is often not the case. It is important to attend a formal mediation or have informal settlement negotiations so that parents can determine what the true issues are before going to court. Having a good divorce lawyer in Houston will definitely help you get the best custodial agreement for your family.

Factors to Consider

When an amicable conclusion cannot be reached, it may be necessary for a judge to order a custody evaluation. During this process, a mental health professional (usually a psychologist) will evaluate each parent and determine the best course of action for the child. There are a number of factors to consider in this process, including the following:

fighting over child custody


  • The child’s physical and emotional needs
  • The stability of the home
  • The child’s preference
  • Other siblings
  • Geographic proximity
  • Primary caregiver duties
  • Whether or not a spouse is fit to be a parent


Consult with an Attorney

These are just some of the factors that will be carefully scrutinized as a custody evaluator is attempting to determine the best case scenario for the child as a whole. Be sure to talk to a divorce lawyer in Houston so that you can build your case. A good attorney will give you the advice you need to gather evidence and prepare for the evaluation. Your attorney will be able to provide you with valuable insight that will help you present your strongest case to the custody evaluator.

Finalizing Custody Decisions in Court

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When the evaluation is complete, the evaluator will prepare a detailed report for the judge to consider. This report will be based on psychological testing and the observations of both the parents and the children. Most judges take these evaluations very seriously and will give considerable weight to the decision of the evaluator. Although the report is just a recommendation, judges often rely heavily on the decision of a trained professional. For this reason, it is important to be detailed and prepared when meeting with a custody evaluator.

Take Advantage of Your Legal Resources

While going through a custody battle is an extremely stressful situation, you can take solace in the fact that a good divorce lawyer in Houston will help you to get through it. Instead of attempting to go through this critical stage in your family’s life alone, hire a trusted attorney to walk you through it. In the long run, using a reputable lawyer means that you are more likely to achieve the results that your child deserves. Call Ramos Law Group, PLLC today and get the expert legal advice you deserve.

reasons to file divorce

Following a divorce, it may be necessary for monetary arrangements to be made if one spouse was previously dependent on the other. When a couple is married, it is quite common for one spouse to earn the majority of the money, so a divorce can cause significant financial hardship for the spouse who performed household and other family duties. If the spouses are not able to reach an agreement, it may be necessary for the court to order spousal support. There are divorce lawyers in Houston, Texas who can help you to understand your rights and what to expect.

Qualifying for Spousal Support

The court may order spousal maintenance if the spouse who is seeking alimony is not able to meet his or her reasonable and necessary needs, and one of the following circumstances also exists:

  • divorce decreeThe spouse seeking support has a mental or physical disability that prevents them from being able to provide for basic needs (food, shelter, etc)
  • The spouses were married for at least 10 years, and the spouse seeking support is not able to meet his/her reasonable and necessary needs
  • The spouse seeking support has a child or children who require special care (such as a mental or physical disability), which prevents the spouse from being able to earn a living
  • Physical violence was inflicted upon either the spouse seeking support or his/her child within 2 years of the court proceedings

How Much is Due?

Once the court has determined that the spouse is indeed eligible for spousal support, there are a number of factors that will need to be considered in order to determine the amount and duration of the payments. Of course, there are unique circumstances in each that need to be  considered which is why consultation with divorce lawyers in Houston, Texas is essential. Common considerations include the following:

  • The financial resources of both spouses at the time of divorce, which will determine each spouse’s ability to meet basic needs
  • Education, previous work skills, and the ability to gain new skills in order to earn a living
  • The duration of the marriage
  • Employment history, age, physical and emotional health, and earning ability of the spouse seeking spousal maintenance
  • Child support paid to one spouse
  • How joint property was divided
  • Property and assets that the seeking spouse brought to the marriage
  • Acts of adultery or cruelty
  • History of family abuse

Seek Expert Legal Advice

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As you can see, seeking spousal support can be a very complicated and nuanced process. That is why it is essential to hire divorce lawyers in Houston, Texas to get the best possible outcome. Seeking spousal support is a complex process that should be handled by experienced legal professionals like the lawyers at the Ramos Law Group, PLLC. Widely regarded as the best divorce lawyers in Houston, Texas, Ramos Law Group, PLLC is the go-to source for those who require a reputable divorce lawyer. Call the Ramos Law Group, PLLC today.

determine child support When you are going through divorce proceedings, it is important that you keep your child’s best interests in mind. The significant changes associated with a divorce can create a difficult time in a child’s life, so it is up to both parents to maintain as much stability as possible for the child. Paying child support is one of the ways that the state of Texas helps maintain consistency and stability in the lives of the child or children involved in a divorce. This overview is intended to give you an idea of what to expect when it comes to child support in Houston, Texas. Of course, it is important to speak to divorce lawyers in Houston who will be able to give you more specific information for your case.


Annual Gross Income

The state of Texas requires one parent to pay a certain amount of money each month to the other parent so that the parent will be able to support the child. The parent who pays child support is known as the child support obligor. In order to determine the amount of child support required, the state looks at the obligor’s annual gross income. There are a number of factors that will come into play when determining the annual gross income, which will also determine the amount of child support to be paid, including the following:

child support texas

  • Salary
  • Commissions
  • Overtime pay
  • Tips
  • Bonuses
  • Interest
  • Dividends
  • Rental income
  • Trust income
  • Retirement income
  • Disability income
  • Any other additional revenue

Monthly Net Income

Once the annual gross income is calculated, social security taxes, federal taxes, union dues, health insurance premiums, and medical expenses will be subtracted according to a formula promulgated by the Office of the Attorney General. The resulting figure is considered to be the spouse’s annual net income. The monthly net income can easily be found by simply dividing that figure by 12. From there, the percentage of payment due can be found by multiplying the monthly net income by a percentage that will vary depending on how many children are involved.

  • If there is 1 child, multiply the monthly net income by 20%
  • If there are 2 children, multiply the monthly net income by 25%
  • If there are 3 children, multiply the monthly net income by 30%
  • If there are 4 children, multiply the monthly net income by 35%
  • If there are 5 children, multiply the monthly net income by 40%
  • If there are 6 or more children, the amount must be at least equal to 5 children

How Long Do Payments Last?

Child support payments generally continue until the child is 18 years old or until the child graduates from high school, whichever is later. There are exceptions that happen occasionally, such as if the child joins the military, is legally emancipated, or marries. Additional child support may be necessary if the child is physically or mentally disabled. If you are not sure how long you will need to pay child support, contact one of the divorce lawyers Houston has to offer. They will be able to help you to determine exactly what is to be expected from you or your spouse.

Let a Legal Professional Help

legal advice child supportFiguring out child support laws is challenging. There is plenty of paperwork to sift through, math to do, and disclosures to complete. Most people find that hiring divorce lawyers in Houston is the best course of action in order to navigate the complexities of the process without becoming overwhelmed. You can call on the best divorce lawyers Houston has to offer at Ramos Law Group, PLLC. Widely regarded as the best in the business, there is a reason why people choose Ramos Law Group, PLLC first. Call today and let an experienced professional walk you through every step of the child support process.

Divorce decree and envelope on wooden backgroundYou and your spouse have finally reached an agreement on all the terms of your Houston divorce thus completing the most difficult part of the divorce process. Although the most challenging part of your divorce is complete, there are still several steps that need to be taken to finalize your agreement. In every case, after an agreement is reached, a written form of your agreement must be submitted to the Court, along with several supporting documents. Additionally, one party must appear in front of the judge to ‘prove up’ the agreement.

A ‘prove up’ occurs when one, or both, parties appear before the judge to finalize their agreement. Only a few moments are spent before the judge. Each party is sworn to tell the truth. After being sworn in, your attorney asks you a series of questions. These questions establish the identity of you and your spouse, that jurisdiction is proper in the court, the legal reason why the divorce is to be granted, and that you and your spouse have reached a fair agreement regarding your children and property. It is important to have a highly qualified attorney present for your prove up, because if any questions are missed, the judge may not grant your divorce.

If all of the legal requirements are met, and the judge is satisfied that your agreement is both fair to the parties and in the best interest of the children, your Houston divorce will be granted immediately. If the agreement was reached in mediation, the mediated settlement agreement can be used for the prove up, prior to the completion of the final decree. Even if you have only submitted a mediated settlement agreement or rule 11 agreement, the judge can orally render your Houston divorce. That means even if you have not completed the final decree of divorce yet, you can be officially divorced as of the day of the prove up. The judge will then set an entry date or date by which all of your documents must be submitted to the court.

On some occasions, the judge will not grant your Houston divorce based on the documents you have presented. This does not mean that you will never be able to get a divorce; it usually means that something is amiss in your paperwork, or that the judge wants more information about your case. If this occurs, do not be upset. Your are allowed to attempt to prove up your case as many times as necessary prior to trial setting. Having to come to court a second time will not affect the outcome of your case.

Prove ups often occur ‘off-docket’, which means that your case is not set on the formal trial docket when you appear to do your prove up. Each court is different when it comes to scheduling prove ups. Some courts require attorneys to sign up before hand; other courts have sign-up sheets in the court rooms. Various courts have various time requirements by which you must appear and some courts limit the amount of prove ups they will hear every day. Different courts require different documents, some courts require parenting classes to be completed before attending a prove up, many courts require all documents to be e-filed several days prior to the prove up, but the number of days prior varies from court to court.

An experienced Houston family law attorney can help you navigate the requirements of your court, and prevent unnecessary delays.

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