If you’re contemplating divorce or currently a party to a Texas divorce case, you’re no doubt feeling overwhelmed by the complicated maze of statutes, legal requirements, and court rules. While attempting to navigate the divorce process, you may also be going through a significant amount of emotional turmoil. When you consider the importance of the legal issues at stake in the context of your rights, you’ll soon realize that skilled representation is essential.
You can trust our team at The Ramos Law Group, PLLC to protect your interests throughout every stage in a divorce case. Our attorneys strive to help you succeed in meeting your objectives, as we’ve got decades of combined experience advocating on behalf of clients in an array of divorce-related matters. Please contact our office to set up a consultation with a divorce lawyer in The Woodlands today. You might also benefit from reviewing some general information.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Set Up a Consultation with a Divorce Lawyer in The Woodlands
Hopefully, this overview of the key issues in a Texas divorce case was helpful. However, there’s a lot more to the process than you may expect and complicated or unforeseen issues can arise. Instead of putting your rights at risk, count on our team at The Ramos Law Group, PLLC. Please contact our firm to set up a consultation today to learn why quality legal representation is an advantage in your case.
Our Client Testimonials
The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.
"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."
"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "
"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "
"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "