Harris County Divorce Lawyer

Harris County divorce lawyer

Finding a good Harris County divorce lawyer can be crucial for navigating the complexities of family law and ensuring a fair resolution to your case. With Texas divorce court judges having a lot of discretion to make decisions, the division of assets, child custody, and support agreements in a divorce case can become intricate and contentious. A skilled divorce attorney from The Stout Law Firm, PLLC, not only provides legal guidance and protection tailored to each client’s unique needs but also offers emotional support. We have decades of combined experience, and several of our attorneys are Board Certified in Family law by the Texas Board of Legal Specialization. You can receive top-level counsel from us right away. Just give us a call or contact us online.

Facts About Harris County

Harris County is large. For 2023, the U.S. Census Bureau reported an estimated 4,835,125 residents in the county. And in a county that has steadily had a 1:1 male-to-female ratio, approximately 11% of the women were divorced in 2022, and approximately 7% of the men were divorced in the same year. For more information about what divorce involves in Texas, please read below. 

The Elements of a Texas Divorce

When you are in divorce proceedings in Texas, you and your spouse work on hammering out the elements of your divorce decree. You may be able to come to an agreement about all these elements, or you may need a judge to intervene and make their own determinations about your divorce.

A Texas divorce decree acts as a rulebook for your life after marriage. The following is a breakdown of the key components.

Property and Debt Distribution 

Texas divorce courts divide community property (or marital property) and debts according to what is just and right in each couple’s case. A decree may detail how to distribute assets such as: 

  • Houses, 
  • Cars, 
  • Retirement accounts, 
  • Business interests,
  • Bank accounts, and
  • Income properties.

In addition to the assets listed above, the court divides any assets either spouse acquired during the marriage (except for separate property) and debts either spouse incurred during the marriage.

Separate property in a divorce includes the following:

  • Property a spouse received by devise, gift, or descent;
  • Property a spouse claimed or owned before marriage; and
  • Anything a spouse recovers in a personal injury claim unless the recovery is for a loss of earning capacity during the marriage.

Your financial survival post-divorce is important to us. A Harris County divorce attorney from The Stout Law Firm can identify how much of your property is separate and off-limits in a distribution. And we can protect you from an unfair distribution of your marital property. 

Spousal Maintenance (Alimony) 

Alimony (also called spousal maintenance) is not automatic in a Texas divorce. If you ask for maintenance, the likelihood you will receive it depends on your financial needs and:

  • Whether you have a disability,
  • Whether your marriage lasted at least 10 years,
  • Whether your spouse has committed family violence, or 
  • Whether childcare needs prevent you from earning sufficient income.

Maintenance provisions in a decree might order maintenance payments for a number of years or for a lifetime.

Child Custody and Support 

If children are involved, a divorce decree establishes a custody arrangement and orders child support payments from one parent to the other. 

Custody

The court makes custody determinations according to what is in the best interests of the child. In a custody decree, the court cannot discriminate against a parent based on their sex. Custody in Texas is called conservatorship and possession, and it involves where the child will live (and for how long) and who will have rights to make decisions regarding the child.

Child support

While a child is still a minor, a divorced spouse needs to pay child support. These payments are based on a spouse’s net income and their earning potential if they are intentionally underemployed. We can help ensure that the court has all relevant information to properly calculate a parent’s child support obligation for the decree.

Remember, the above is a general overview of divorces. The specifics of your decree will depend on your unique situation and any agreements you reached with your spouse. Consulting a divorce lawyer in Harris County can help make sure you understand your rights and obligations.

Talk to Our Harris County Divorce Lawyer Today

When you need a Harris County divorce lawyer, reach out to us. The Stout Law Firm is award-winning and receives top reviews from our clients. Our attorneys also serve as thought leaders in the Texas legal community, having written several publications on family law. We are knowledgeable, skilled, and compassionate toward families facing serious legal issues. Give us a call or reach out to us on our website to schedule a personal consultation.