Experienced Legal Support for Your Family Matters
Divorce is a challenging and emotional process, and having a knowledgeable and compassionate attorney can make a significant difference. If you’re in Texas and seeking a trusted divorce lawyer in The Woodlands, The Stout Law Firm, PLLC, is here to help. Our The Woodlands Divorce Lawyer understands the emotional and legal challenges of divorce and is committed to guiding you through this process with compassion, expertise, and a focus on achieving your desired outcome.
Key Aspects of Divorce Law in Texas: Essential Information for Your Case
Texas has specific laws and rules governing divorce proceedings, as set out in the Texas Family Code.
Grounds for Divorce in Texas
Texas recognizes both no-fault and fault-based grounds for divorce. A no-fault divorce, is granted based on “insupportability,” meaning the marriage can no longer continue due to a discord or conflict of personalities that destroys the marriage relationship.
Fault-based grounds include adultery, cruelty, abandonment, felony conviction, confinement in a mental hospital, and living apart for at least three years.
If you choose to pursue an at-fault divorce, you must present evidence of fault at trial to support your claim. Successfully proving fault could lead to a more favorable division of assets. However, proceeding on a fault-based ground typically results in a longer, more challenging and adversarial process. Consulting a divorce lawyer who practices in The Woodlands, TX, and the surrounding area can clarify your rights and help you decide whether pursuing an at-fault divorce makes sense in your situation.
Residency Requirements
When filing for divorce in Texas, at least one spouse has to have been a resident of Texas for at least the preceding six months and of the specific county in which you file for the preceding 90 days. If you are unsure whether you or your spouse meet these criteria, The Stout Law Firm, PLLC can review your specific circumstances and determine where you can file for divorce. Filing in the correct county ensures that the process starts smoothly and efficiently.
Property Division
Texas is a community property state. Assets, property, and debts acquired during the marriage are presumed to be community property unless a spouse can prove that certain property is their separate property.. During a divorce, the court will divide community property in a manner deemed just and right. A just and right division does not always mean that every asset or debt will be divided 50/50. Separate property is not subject to division in a divorce and includes property acquired before marriage, property acquired by gift, devise, or descent, and recovery for certain personal injury claims.
Child Custody and Support
If you have children, determining child custody and support will be a significant component of your divorce. Texas courts prioritize a child’s best interests when making decisions regarding custody and visitation. Child support is calculated based on the payor spouse’s monthly net resources and the number of children.
Spousal Maintenance
Spousal maintenance, also known as alimony in other states, may be awarded to a spouse who needs financial assistance to meet their minimum reasonable needs. The Texas Family Code outlines specific standards to determine if a spouse qualifies for spousal maintenance. When determining spousal maintenance, the court considers factors such as the duration of the marriage, the income levels of both spouses, each spouse’s earning potential, and physical or mental disabilities of a spouse or children of the marriage.
How Long Does It Take to Get a Divorce in Texas?
The minimum waiting period for a divorce in Texas is 60 days from the date the petition is filed. However, the actual time to finalize a divorce can vary depending on the complexity of your case and whether it is contested or uncontested.
Personalized Divorce Representation for The Woodlands Residents
At The Stout Law Firm, PLLC, we offer more than legal expertise. We provide compassionate support and personalized guidance. Our divorce attorneys practice in The Woodlands and take the time to understand your unique situation and advocate tirelessly for your best interests.
While exclusively practicing family law, our attorneys have represented clients in various types of cases. From simple to complex cases, we’ve honed our skills and understand the intricacies of Texas family law and how it impacts the lives of our clients. Our depth of experience allows us to develop effective strategies that address your specific needs and goals.
We believe every client deserves a personalized approach. Whether seeking a swift resolution or preparing for a contested battle, we will work closely with you to build a plan that aligns with your goals. Our dedication to open communication guarantees that you are well informed every step of the way.
At The Stout Law Firm, we’re here to walk alongside you, offering understanding, empathy, and unwavering support. Our knowledgeable divorce lawyers practice in The Woodlands and are dedicated to easing your burden and guiding you toward a brighter future.
The Texas Divorce Process: Step-by-Step Guide
Gaining insight into the divorce process can help you to feel more confident and better prepared for the journey ahead. Here’s a step-by-step guide to the divorce process in Texas:
Filing the Petition
To start the divorce process, one spouse files a petition for divorce in the relevant county, where one or both spouses has lived for the 90 days prior to filing for divorce. The petition outlines the grounds for divorce and any particular claims for child custody, support, and property division.
Serving the Petition
The spouse who filed for divorce must serve the petition on the other spouse, who then has a set time period to file an answer. If the spouses agree to all or most terms, the divorce may be uncontested. If not, one or all issues in the divorce may be contested.
Discovery and Negotiation
Both parties share details regarding assets, debts, and other pertinent matters during the discovery process. A settlement agreement may be reached through negotiations. Mediation is a process frequently used, and often required by the courts, to enable both sides to reach a settlement prior to trial.
Trial and Final Decree
If an agreement cannot be reached on all issues in mediation or otherwise, the case will go to trial, where a judge will make the final decisions on contested issues. After resolving all issues, the judge will sign the Final Decree of Divorce, officially terminating the marriage.
The Woodlands Divorce Attorney Providing Compassionate and Skilled Legal Representation
At The Stout Law Firm, PLLC, our team of experienced family law attorneys provides comprehensive legal representation tailored to families in The Woodlands and the surrounding areas. Contact us today to discuss your case and take the first step towards a brighter future.