Houston Divorce Lawyers

If you're considering a divorce, getting a sense of the main steps can make the process smoother and less stressful. This allows you to better prepare for the path ahead and work toward a resolution that meets your needs.

If you're thinking about getting a divorce in Texas, it's important to know the residency requirements. Before you can file for divorce, either your spouse or you must have lived in Texas for at least six months and have lived in the county where you're filing for at least 90 days. This ensures that the state and the local court have the authority to handle your case.

In Texas, you have options when it comes to filing for divorce. You can choose a "no-fault" divorce, which doesn't require proving that either spouse did something wrong. It's simply based on the idea that the marriage isn't working anymore. On the other hand, a "fault" divorce means that one spouse is claiming that the other is responsible for the marriage ending. Grounds for divorce in Texas include:

• Adultery
• Cruelty
• Abandonment for at least one year
• A felony conviction leading to imprisonment for at least one year
• Confinement in a mental hospital for at least three years
• Living apart without cohabitation for at least three years
• “Insupportability,” when discord or a conflict of personalities destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation

Moreover, the divorce process may take different forms. These include:

• Contested divorce: the spouses dispute at least some of the issues in their divorce, which a judge ultimately resolves
• Uncontested divorce: the spouses come to an agreement on everything in the divorce, which the judge will review and likely approve
• Collaborative divorce: the spouses do not initially agree on all the terms of their divorce, so they each hire an attorney to help them negotiate a settlement
• Mediated divorce: the spouses work with a neutral third party who helps them talk through their differences and reach an agreement

Choosing alternatives to a full-blown trial for your divorce can save you time, money, and stress. Methods like mediation or collaborative divorce may allow your spouse and you to work out an agreement together. However, if you find that you simply can't agree on key issues, you may need to go to court and let a judge make the final decisions for you.

In Texas, which is a community property state, most assets and income acquired during the marriage are considered jointly owned by both spouses. However, unlike some other states, Texas doesn't require an equal 50/50 split of these assets in a divorce. Instead, the judge will divide the property in a way that is "just and right," taking into account various factors to ensure a fair distribution. These may include:

• The capacities and abilities of each spouse
• The relative financial condition and obligations of each spouse
• The relative physical condition of each spouse
• Any disparity in ages between the spouses
• Any disparity in earning capacities or incomes of the spouses
• The amount of separate property held by each spouse
• The nature of the community property
• The education and business opportunities of each spouse

In a Texas divorce, the judge won't divide separate property. This includes anything your spouse or you owned before getting married, as well as gifts and inheritances received individually during the marriage. These items remain with the original owner.

In Texas, what many people call "alimony" is actually known as "maintenance." The court may order one ex-spouse to pay maintenance to the other if the receiving spouse won't have enough property after the divorce to meet their minimum reasonable needs, and any of certain other conditions is met. These include situations when the receiving spouse has a disability that prevents them from earning enough income, or when the marriage lasted 10 years or more and they can't earn enough to support themselves.

If the judge finds that a spouse should receive maintenance, they will consider numerous factors in deciding the amount and duration of the payments. Some of these factors include:

• The length of the marriage
• The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
• The education and employment skills of the spouses, as well as the time needed for the spouse seeking maintenance to get the education or training needed to allow them to support themselves
• The property that either spouse brought to the marriage
• Any contribution by a spouse to the education, training, or increased earning power of the other spouse
• Any contribution by a spouse as a homemaker
• Any history of domestic violence or other marital misconduct

The obligation to pay maintenance stops if the recipient gets remarried. Additionally, if the court finds that the recipient is living with someone else in a stable romantic relationship, the duty to pay maintenance will also end. This ensures that support is only provided when truly needed.

If your spouse and you have children, you'll need to settle matters related to child custody and support during your divorce. In Texas, child custody is called "conservatorship," and a parent with custody is called a "conservator." The law generally assumes that it's best for the child if both parents are appointed as joint managing conservators, meaning they share the responsibilities of raising the child. However, this assumption doesn't apply if there's a history of family violence involving the parents.

Parents in Texas may agree on a parenting plan for a joint managing conservatorship and submit it to the court for approval. The judge will approve the plan if it is in the best interest of the child and meets certain other requirements. If the parents are unable to agree on a parenting plan, the court may appoint the parents as joint managing conservators if this is in the best interest of the child. Determining their best interest involves looking at factors such as:

• Whether the physical, psychological, or emotional needs and development of the child will benefit from appointing joint managing conservators
• The ability of the parents to prioritize the welfare of the child and reach shared decisions in their best interest
• Whether each parent can encourage and accept a positive relationship between the child and the other parent
• Whether both parents were involved in raising the child before the divorce started
• How far apart the parents live
• The child’s preference, if they are 12 or older, for the person who will have the exclusive right to designate their primary residence

Similarly, the parents can agree on a child support arrangement, and the court will approve it if it's in the child's best interest. If the parents don't reach an agreement, the court usually will follow state child support guidelines, which are based on the monthly net resources of the parent who pays support. However, a judge has the discretion to adjust the amount if they believe that strictly following the guidelines would be unfair or inappropriate.

If you're a Houston resident looking to file for divorce, you can submit your petition to the Harris County District Clerk. (If your spouse lives in a different county, you can file the papers there instead.) You have several options for filing: online, by mail, in person, or using the drop box at the Harris County Civil Courthouse. There's usually a filing fee, but if you can't afford it, you can fill out a form to request a waiver.

Once you've filed the papers, they generally need to be officially delivered, or "served," to your spouse. This step can be skipped if your spouse signs a waiver form in front of a notary or completes a Respondent’s Original Answer form.

For formal service, you can have the sheriff or another process server deliver the papers. The process server will then fill out a return of service form to confirm delivery, which must be filed with the court. Alternatively, you can ask the court clerk to send the papers to your spouse by registered or certified mail, with a return receipt requested. Once the clerk receives the signed return receipt from your spouse, they will complete the return of service form, which again must be filed with the court.

In an uncontested divorce, you can submit a proposed divorce order to the judge. If the judge approves it, which is usually the case, this order becomes the final decree of divorce. In a contested divorce, you will need to attend a hearing where each spouse presents their arguments and evidence. The judge will make a decision based on the information provided.

It's important to note that a court typically cannot finalize a divorce until at least 60 days have passed since the petition was filed. This waiting period is mandatory even if the divorce is uncontested. However, there are exceptions to this rule in cases involving family violence.

If you're facing challenges, numerous support services in the Houston area are available to help you. Whether you require legal counsel or practical advice, these local resources are ready to support you at every stage.

The Harris County Domestic Relations Office offers a range of helpful services for those going through divorce. They provide free mediation for spouses who meet certain financial criteria. This can help them come to agreements more smoothly. The agency also runs parenting workshops designed to help divorcing parents work together effectively and focus on their children's needs.

For those representing themselves in family law matters, the Domestic Relations Office offers guidance on understanding the law, filling out forms, and protecting your interests in court. However, it's important to note that they do not provide legal representation or specific legal advice for divorce proceedings.

More generally, the Domestic Relations Office provides a list of other organizations that you may want to consult, such as:

• Houston Bar Association
• Houston Lawyer Referral Service
• Lone Star Legal Aid
• State Bar of Texas
• Texas Law Help
• Texas Lawyers for Children
• Houston Volunteer Lawyers

Unfortunately, a spouse pursuing a divorce sometimes has experienced domestic violence during their marriage. If you are in this situation, you may want to consult the resources provided by the Harris County Domestic Violence Coordinating Council, which include lists of:

• Family violence crisis centers
• Family and homeless shelters
• Counseling services
• Hotlines
• Police departments
• Legal service providers

The Houston Bar Association, the Houston Office of Human Trafficking and Domestic Violence, and the Family Violence Unit of the Houston Police Department also list numerous organizations that serve people who have experienced domestic violence. Meanwhile, the Houston Area Women’s Center provides 24-hour hotlines as well as emergency shelter, counseling, and hospital advocacy and support. In addition, the Family Violence Program in the Texas Department of Health and Human Services offers emergency shelter and supportive services, as well as educational programs.

If you're looking for free information on the basics of the divorce process, the Divorce Law Center in the Justia Legal Guides is a great resource. It offers helpful details and covers common issues that come up during divorce. It also provides surveys of the laws in all 50 states on topics such as:

• Uncontested divorce
• Property division
• Maintenance (alimony)
• Conservatorships (child custody)
• Child support

You can learn more about various aspects of getting a divorce in Texas by checking out the Texas entries in these surveys. If you have specific questions about your situation, you can use the Justia Ask a Lawyer platform, where a Texas attorney may provide an answer. (Just keep in mind that this doesn't create an attorney-client relationship.) If you decide you need a divorce lawyer in Houston to help you through the process, the Justia Lawyer Directory offers a comprehensive list of local attorneys.

If you need to handle a divorce case in Houston, the Harris County Family District Court is where you'll go. It's located in the Harris County Civil Courthouse at 201 Caroline Street. You can call the court at 832-927-5800 for any inquiries. The court is open Monday through Friday, from 8 A.M. to 5 P.M.

Going through a divorce can be tough, especially if things are getting heated. That's where having a good attorney on your side can make a world of difference. They can help gather all the important documents and other evidence, while crafting strong arguments to present your case in the best way possible. In addition, an attorney will keep your case moving smoothly by making sure you meet all the deadlines and follow the necessary procedures. If they’ve interacted with your judge before, they might even have some tips that could give you an edge.

Even if you think your divorce won't end up in court, having a lawyer can still be helpful during negotiations or other out-of-court processes. They can look over any agreements your spouse suggests to make sure you understand everything fully. Knowing you have legal support might also push your spouse (and their lawyer, if they have one) to be more reasonable and fair.

Sometimes, couples manage to stay friendly and agree on everything without much drama. But even in these cases, it's smart to have a lawyer review your agreement before it goes to the judge. They can catch any potential issues you might have missed and give advice on anything that might cause the judge to hesitate. Your attorney can also go with you to the hearing to help make sure the judge approves your agreement without any unexpected problems.

Houston offers a variety of divorce lawyers, each with unique skills and personalities. It's important to take the time to find the right attorney for your needs. Look for someone with experience in handling the specific issues central to your case. They also should have a solid track record. Explore the past results and client testimonials on attorney websites. Reviews from other attorneys can also indicate the respect they have earned in their profession.

Consider an attorney’s compliance with professional standards. While a minor violation of the State Bar of Texas rules may not be a deal-breaker, an extensive disciplinary record should raise a red flag and make you reconsider.

Most divorce lawyers in Houston offer initial consultations. These meetings are a great opportunity to gauge whether an attorney is the right fit for you. Ensure that you feel confident in their knowledge of the relevant laws and procedures, and that you feel comfortable discussing sensitive matters with them. It's a good idea to consult with several attorneys to compare your options.

Attorney fees in divorce cases usually depend on the time spent on the case, often billed by the hour. However, some routine tasks may be charged at a flat rate, and some attorneys may offer multiple fee structures. If you're facing financial difficulties, ask about flexible payment plans.

1. Can I get a divorce if my spouse doesn’t want it?

   Yes. Even if your spouse doesn’t want a divorce, the court can still grant it. If they choose not to participate in the proceedings, you might receive what’s called a "default divorce." In this case, the court will make its decision based solely on the information you provide.

2. Can my spouse and I share the same lawyer to cut costs?

   No. In a divorce, it's essential that your spouse and you have separate lawyers. Having the same attorney represent both of you would be a conflict of interest and is not allowed. Each of you needs your own legal representation to ensure that your individual interests and rights are properly protected.

3. Can my spouse avoid paying child support if he quits his job?

   Probably not, if he leaves his job by choice. If a spouse is intentionally unemployed or underemployed, earning much less than what they are capable of earning, the court may "impute income" to them. This means the court will assign an income level to that spouse based on what they could realistically be earning, rather than their actual current earnings.

4. Can’t I just give my spouse the divorce papers myself?

   You can't personally give or mail the divorce petition to your spouse unless they have agreed to waive the service of process. However, if you file other papers later in the case, you can send those directly to your spouse. If your spouse has hired an attorney, you should send the documents to their attorney instead.