The Woodlands, TX Divorce Lawyer

Key issues in a Texas Divorce Case

Every divorce matter is different, but many parties will address one or more of the four key issues through the process.

1. Asset Division: Texas is a community property state, which draws a line between assets acquired before and after the wedding date. All property a couple receives, buys, or procures during the marriage will be subject to equitable distribution in divorce, including the family residence, bank accounts, vehicles, collections, and many other items of real and personal property.
2. Spousal Maintenance: Commonly known as alimony, there may be reasons to consider spousal support that one spouse will pay to the other. There are numerous factors that pertain to an award for spousal maintenance, which generally factors in the recipient’s ability to become self-sufficient. Another consideration is whether one spouse gave up significant education and/or employment opportunities to support the other spouse and family.
3. Child Custody and Visitation: Texas uses the child’s best interest standard when it comes to custody and visitation, referring to these arrangements as managing conservatorship and possession respectively. The legal presumption is that both parents should have input on important decision making and equal time with the child.
4. Child Support: There is a statutory formula for determining the amount a non-primary parent pays to the primary parent for the child’s support and benefit. The calculation is based upon income, the child’s needs, and other factors.

The Legal Process of Texas Divorce

As with any legal matter, divorce requires filing documents and periodic court appearances. However, not all divorce proceedings involve a contentious, drawn-out court battle. If the parties can reach an agreement on asset division and alimony, the court will typically not disturb it unless it’s manifestly unfair. Parents can even work out an agreement on child custody and visitation, though the judge still must review it to ensure it’s in accordance with the child’s best interest standard. Child support is not a topic that can be reached by agreement. 

If you’re unable to agree on some or all issues in a divorce, the court must make the decision regarding asset division and alimony. The proceeding is similar to a trial, in which the parties present evidence and testimony to support their position. The judge reviews all of this information applies the facts to Texas law and will reach a decision.

The Requirements to File for Divorce in Texas

Getting a divorce can be a challenging and life-changing decision. If you’re considering a divorce in the state of Texas, it’s crucial to understand the legal requirements and processes involved. This guide provides an overview of the key prerequisites for obtaining a divorce in Texas, helping you navigate through the initial steps and considerations.

1. Residency Requirement: Either you or your spouse must have established residency in Texas for at least six months before filing for divorce. Additionally, you should have lived in the specific county where you plan to file for at least 90 days.
2. Grounds for Divorce: Texas allows for both “no-fault” and “fault-based” grounds for divorce. “No-fault” grounds generally center on irreconcilable differences, while “fault-based” grounds include reasons like cruelty, adultery, and felony conviction.
3. Petition for Divorce: Initiate the process by filing an Original Petition for Divorce with the relevant district court. This document outlines the details of your marriage, the reasons for divorce, and the relief you’re seeking.
4. Serving Your Spouse: After filing the petition, it’s essential to ensure your spouse receives legal notice of the divorce filing. This can be achieved through a constable, private process server, or another authorized individual.
5. Waiting Period: Texas enforces a mandatory 60-day waiting period from the date of filing before the divorce can be finalized. This grace period allows room for potential reconciliation if desired.
6. Finalizing the Divorce: After the 60-day waiting period and resolving all relevant issues, a final hearing is conducted. During this hearing, a judge reviews the agreement and grants the divorce.

Embarking on the path of divorce requires a clear understanding of Texas’s legal requirements. By meeting residency criteria, filing the necessary documents, adhering to waiting periods, addressing property division and child-related matters, and possibly participating in mediation, you can work towards a smoother divorce process. It’s important to keep in mind that legal procedures can change, so seeking advice from an experienced attorney in Texas family law is advisable to ensure accurate guidance during this significant transition.

What Can I Expect From My Divorce Attorney?

When you’re navigating the challenging terrain of divorce, it’s natural to wonder, “what can I expect from my divorce attorney?” Your attorney plays a pivotal role in guiding you through this life-changing process. Here’s a glimpse of what you should anticipate:

Expert Legal Counsel: Your attorney will provide expert legal advice tailored to your unique situation. They’ll explain the divorce laws in your jurisdiction, helping you understand your rights and responsibilities.

Strategic Planning: Expect your attorney to develop a strategic plan for your case. They’ll help you set realistic goals and work towards achieving the best possible outcome, whether it involves property division, child custody, or spousal support.

Document Preparation: Your attorney will handle the meticulous preparation and filing of all required legal documents, reducing your stress and ensuring accuracy.

Negotiation Skills: Throughout the divorce process, your attorney will negotiate on your behalf. Whether it’s reaching settlements with your spouse or presenting your case in court, they’ll advocate for your best interests.

Emotional Support: Divorce can be emotionally draining. Your attorney will provide support and reassurance, helping you stay focused and making sound decisions.

Timely Updates: Expect regular updates on the progress of your case. Your attorney will keep you informed about any developments and promptly address your concerns.

Representation in Court: If your case goes to court, your attorney will be your advocate, presenting your case effectively and professionally.

Choosing the right divorce attorney is crucial, and understanding what to expect can make the process smoother. Your attorney will be your ally, guiding you towards a resolution that safeguards your interests and paves the way for a better future.

Our Team Handles All Types of Divorce Matters

At The Ramos Law Group, PLLC, our attorneys are experienced in a wide range of divorce cases and related proceedings. We’re ready to advocate on your behalf for: 

• Contested divorce and related court hearings;
• Uncontested divorce, which may include negotiating, drawing up spousal agreements, reviewing agreements, and entering the appropriate court orders;
• Disputes over child custody and visitation;
• Enforcement and modification of orders previously entered in court, particularly those involving visitation, alimony, and child support;
• High net worth divorce, where the parties own complicated assets or interests in a business, leading to complex issues with respect to asset division and alimony; and,
• Medical professional divorce, in which a key asset may involve ownership interest in a medical practice.