Divorce Lawyers Pearland

When you recited your wedding vows, it felt like it would last forever. However, we know that marriages can end for many reasons. If it is time to consider divorce, having a skilled divorce attorney by your side can make a significant difference. A lawyer can help reduce your stress, streamline the process, and get you closer to the results you want rather than trying to navigate the legal system alone.

Divorce is an emotional and stressful journey for all parties involved. The legal process is complex, especially if you have minor children involved. Our knowledgeable and experienced divorce lawyers will guide you through this challenging process in Pearland and the surrounding area, advocate for your best interests, and help secure a fair and favorable settlement. Contact The Stout Law Firm, PLLC today to schedule a consultation. 

Navigating the Divorce Process

Divorce involves both emotional and legal challenges. It is vital to have a compassionate, experienced attorney who understands the nuances of divorce and family law in Texas. At The Stout Law Firm, PLLC, we focus exclusively on family law and are committed to supporting our clients throughout the legal journey. We understand the importance of fighting for your family and financial rights while working toward a resolution that protects your future.

Residency Requirements

Before filing for divorce, you should understand the Texas residency requirements. To file a divorce petition in the Brazoria County portion of Pearland, you must meet the following conditions:

  • You or your spouse must have lived in Brazoria County for at least the last 90 days; and 
  • You or your spouse must have lived in Texas for at least the last six months.

If you plan to file for divorce and you or your spouse live in another county in Texas, the same residency requirements will apply to the county where you live. Either you or your spouse must have lived in the county where you plan to file for at least the last 90 days, and in Texas for at least six months prior to filing for divorce. If you or your spouse are unsure whether you satisfy these requirements, we can review your specific situation and clarify eligibility. Filing in the correct jurisdiction ensures that the process starts smoothly and efficiently. 

Grounds for Divorce in Texas

In Texas, a divorce can be granted based on fault or no-fault of the spouses. A no-fault divorce is based on insupportability, which means the marriage can no longer continue due to conflict of personalities that destroys the legitimate ends of the marriage relationship. 

In a fault-based divorce, one party or both claims that the marriage cannot continue based on the fault of the other spouse. Examples of fault-based grounds in Texas include:

  • Cruelty,
  • Adultery,
  • Felony conviction,
  • Abandonment,
  • Living apart for at least three years, or
  • Confinement in a mental hospital.

If a party pursues a fault-based divorce, that party must provide evidence of fault at trial. If a party successfully proves their spouse was at fault for the divorce, based on the fault-based grounds recognized in Texas, the judge may award a larger share of the community estate to the party who is not at fault. In other words, if the judge finds one or more fault-based grounds for divorce, it could result in a more favorable division of the community estate to the spouse who is not at fault. Consulting a divorce lawyer with experience practicing in Brazoria County can help clarify your rights and build a strong case. Our board certified divorce lawyers at The Stout Law Firm, PLLC, are here to guide you through the process, whether you plan to file a fault or no-fault divorce. 

Contested vs. Uncontested Divorce 

When pursuing a divorce in Texas, there are two paths to consider—uncontested and contested. You can opt for an uncontested divorce if you and your spouse agree on all, or most, aspects of the divorce—including the grounds for divorce, division of property and debts, and child custody, support, and visitation. In an uncontested divorce, the steps for divorce may include: 

  • Filing a petition for divorce that outlines your request request regarding the division of assets and debts and custody of children; 
  • Your spouse signing a Waiver of Service form to acknowledge receipt of the petition without formal service. However, if your spouse refuses to sign a Waiver of Service, you must serve a copy of the original petition on your spouse, along with a citation notifying them of the divorce filing. You may complete formal service through a licensed process server. 
  • Waiting at least 60 days before the court grants your divorce; 
  • Submitting a final decree of divorce which outlines the division of your property and debts, as well as provisions regarding child custody, child support, visitation, and spousal support, if applicable; and 
  • Attending a brief prove-up hearing where the judge will ask you standard questions,  review your documentation, and hopefully sign the final divorce decree.

An uncontested divorce typically results in a faster and less expensive process due to cooperation between spouses. However, having an experienced divorce attorney review your paperwork ensures that nothing is overlooked and your agreement is legally sound.

If you and your spouse cannot agree on critical matters such as the division of your estate or child custody, you will likely have a more contested divorce. Here’s what to expect:

  • Filing a petition for divorce that outlines your request request regarding the division of assets and debts and custody of children, and which may include fault-based grounds for divorce; 
  • Serving your spouse with the divorce petition, with a licensed process server, to inform them of your intention to seek a divorce; 
  • Your spouse filing an answer or counterpetition, appearing in the divorce;
  • Participating in initial hearings for temporary orders, which outline how to handle finances and child custody, support, and visitation during the pendency of divorce; 
  • Issuing and responding to discovery requests to allow both spouses to gather information regarding financial and child related issues; and
  • Attending mediation, if required by the court, to attempt to settle the issues involved in the divorce.

In contested cases, mediation may help resolve some or all disputes, reducing the need for trial. However, if mediation fails, a judge will hear the case and decide any unresolved issues.

Protecting Your Interests by Hiring The Stout Law Firm, PLLC

Choosing the right divorce attorney for your divorce in Pearland, TX, is essential to navigating this difficult process. At The Stout Law Firm, PLLC, we focus exclusively on family law, providing a deep understanding of the issues affecting our clients. Here are a few things that set us apart:

  • Experience. Our team has years of experience handling Texas divorces. This experience ensures that your interests are well-represented, whether the process is uncontested or requires a trial.
  • Personal approach. We pride ourselves on offering empathetic, personalized service. Divorce is highly personal, so we dedicate our attention to each client’s unique needs and concerns.
  • Accolades. Attorney Angela Stout has been recognized as a Texas Super Lawyer every year since 2017. Prior to that, she was recognized as a Rising Star. Such recognitions demonstrate the tremendous experience and high standards of our firm. 

When contemplating divorce in Pearland, we hope you will allow us to help you protect your family, finances, and future.

Contact The Stout Law Firm, PLLC 

The Stout Law Firm, PLLC, is ready to help you navigate this emotionally and legally complex journey. Our experienced divorce lawyers practice in Pearland, and the surrounding areas, and will assess your unique situation, provide clear legal guidance, and fight to secure a favorable outcome that safeguards your rights and interests.

Whether you’re facing an uncontested or contested divorce, our attorneys are well-versed in the intricacies of Texas family law. We will provide you with personalized attention, answer your questions promptly, and develop a strategy tailored to your needs. Don’t hesitate to contact The Stout Law Firm, PLLC, today to schedule a consultation. Let us be your trusted ally in Pearland as you work toward a fresh start.