When you made the vow of “til death do us part,” you probably believed it would be forever. We all hope marriage lasts, but marriage can dissolve for many reasons. When it does come time to separate and divorce, you need a skilled divorce attorney on your side.
Divorce can be an emotional and stressful journey for all parties involved. The legal process is complex and difficult to navigate, especially if minor children are involved. A good Galveston County divorce lawyer will help you through this challenging process, advocate for your best interests, and help you reach a favorable settlement.
The Stout Law Firm, PLLC, is a results-oriented firm practicing only family law. Our attorneys have practiced family law for decades and have assisted hundreds of clients. Let our Galveston divorce attorneys help you through your divorce. We can assess your case, explain your legal options, and fight to protect your family and financial rights.
Residency Requirements
There are residency requirements for filing a divorce petition in Texas. You can file the divorce petition in the county you live in or the county your spouse lives in as long as the following requirements are met:
- You lived in that county for at least the last 90 days, and
- You have lived in Texas for at least the last 6 months.
Or you can file the petition in the county where your spouse lives as long as:
- Your spouse has lived in that county for at least the past 90 days, and
- Your spouse has lived in Texas for at least the past 6 months.
If you are not sure if you or your spouse satisfy the residency requirements, you can consult with a divorce attorney. The attorney can review the facts of your situation and help you determine if you meet the requirements.
Grounds for Divorce
In Texas, you can file for either a fault or no-fault divorce. No fault is just what it sounds like—no party is blaming or assigning fault to the other for the breakdown of the marriage.
In an at-fault divorce, fault or blame is assigned to one of the parties for the end of the marriage. A fault-based divorce is often more lengthy and expensive.
The recognized grounds for an at-fault divorce include:
- Cruelty,
- Adultery,
- Conviction of a felony,
- Abandonment,
- Living in separate residences for at least 3 years, and
- Confinement in a mental hospital.
If you are alleging your spouse is at fault, you must provide evidence at the hearing of that alleged fault. Proving that your spouse is at fault may result in greater benefits to you, including being awarded a larger portion of the community property or spousal support.
If you are considering filing an at-fault divorce, consult an attorney to ensure you understand your rights and the strength of your case.
Paths to Divorce
There are two paths to pursue divorce in Texas: uncontested divorce or contested divorce. The route you take will likely depend on whether you and your spouse can come to reasonable agreements on issues such as the reason for the separation, division of finances and property, and child custody and visitation matters.
Uncontested Divorce
An uncontested divorce is an available option when you and your spouse can agree on all issues in your divorce, including:
- The grounds for the divorce,
- How to divide up assets and debts,
- Spousal support (alimony),
- The amount of child support, and
- Custody and visitation schedules for any minor children.
An uncontested divorce is typically faster and less expensive because the parties can agree and don’t need to spend much time in court.
To start the process for an uncontested divorce, one spouse must file an Original Petition for Divorce. The petition is where you provide all the necessary information about your property, debts, sources of income, residency, children, and date of separation. You will also include what you are asking for in the divorce, such as child support or alimony.
If you are working with your spouse, you can have the spouse who didn’t complete the petition sign a Waiver of Service form. Then the petitioning spouse won’t have to serve the spouse with copies of the petition.
When the forms are complete, make two copies and prepare to file them. You can file online or in person at the local courthouse. In either case, you may want a divorce attorney to review your materials to ensure you’ve included all the appropriate information. An attorney can also file the petition for you.
After you submit the petition and all supporting documentation, a hearing will be scheduled after a 60-day waiting period. At the hearing, the judge will review your documentation and may ask a few questions. Uncontested divorce hearings are usually rather short. Once the hearing is complete, the judge will issue a final divorce decree.
Even if you and your spouse have come to an agreement about the major issues, it is still useful to work with an experienced attorney. A Galveston divorce attorney can ensure you have covered all the issues and have thought through the potential consequences. An attorney can also draft all necessary legal documents.
Contested Divorce
A contested divorce is necessary when a couple cannot agree on one or more issues relating to children, finances, and property. In this situation, the parties will need to appear in court, and a judge will decide any contested issues.
You must file an Original Petition for Divorce in a contested case. This petition will list your grounds for divorce. Then you serve a copy of the contested petition on your spouse, letting them know you are seeking a divorce. The spouse then has a period of time to file an answer and counterpetition.
The case then can go through initial hearings related to temporary orders. Temporary orders determine how finances and child contact will be handled during the divorce process. In cases involving domestic abuse, the court will also address restraining orders.
The court may encourage you to mediate your issues and try to come to a negotiated settlement. However, the case will proceed to trial if you cannot agree through mediation. If you can agree to some but not all issues, you can sign a partial stipulation and ask the court to decide only the remaining disputes. This can help save time and money even if you have to have a trial. At trial, both spouses will present their cases to the judge and have the court make decisions related to any contested issues.
Hiring a skilled and knowledgeable divorce lawyer in Galveston County is even more important in contested divorce cases. In a contested divorce, there is a greater likelihood of contention, and emotions may run high. A lawyer will help you look at the issues logically and through a legal lens. They will fight to protect your assets and keep any minor children’s best interests in mind.
Our Talented Galveston County Divorce Lawyers Can Help
We understand that divorce is an emotional time for you and your family. The Stout Law Firm, PLLC, can help as you enter this challenging moment in life. Our talented attorneys are equipped to handle your divorce. We are familiar with property division, child custody, alimony, and child support matters. And we will fight for what you deserve. As a small law firm, we can dedicate our attention to your specific needs. We pride ourselves on being great communicators and responding quickly to questions and concerns. Our attorneys have also received high praise for their divorce work. For example, Angela Stout has been recognized as a Texas Super Lawyer for seven years in a row (2017-2023).
Look no further for a Galveston divorce lawyer. Contact The Stout Law Firm, PLLC, today to schedule a consultation.