Houston, Texas Divorce Attorney

Going through a divorce can be one of the most challenging experiences in a person’s life. It involves not only the emotional toll of ending a marriage but also a myriad of legal considerations that must be navigated.

If you are facing a divorce in Texas, it is essential to understand the processes involved and the assistance available to you. With the right guidance from a skilled Houston divorce lawyer, you can work toward achieving the best possible outcome for your future. 

At Tabak Law Firm, I have extensive experience handling divorce cases in Texas, assisting clients in their unique situations. With empathy and a commitment to legal excellence, I can help you through this difficult time and guide you toward a resolution that serves your best interests. 

Understanding Divorce in Texas

In Texas, divorce is officially known as "dissolution of marriage." Grounds for divorce can be based on fault or no-fault. The no-fault ground is based on "insupportability," meaning that the marriage can no longer be maintained due to discord or conflict.

Fault-based grounds may include adultery, cruelty, abandonment, or felony conviction. Understanding these grounds can impact various aspects of the divorce, including property division and possible spousal support. 

It is important to note that Texas has a residency requirement for filing for divorce. Either you or your spouse must have lived in Texas for at least six months before you can file. Additionally, the divorce must be filed in the county where either spouse resides for at least 90 days prior to filing.

The Divorce Process in Texas 

Divorce in Texas typically follows several key steps: 

1. Filing for divorce: The process begins with one spouse—known as the "petitioner"—filing a Petition for Divorce with the court. This document outlines the basic information about the marriage, the grounds for divorce, and specific requests regarding property division, child custody, and support. 

2. Serving the respondent: Once the petition is filed, the other spouse—known as the "respondent"—must be formally served with divorce papers. This allows the respondent an opportunity to respond to the petition. 

3. Awaiting a response: The respondent has a specified amount of time (typically 20 days) to respond to the petition. Their response can include acceptance of the terms or counterclaims if they disagree with the petition. 

4. Temporary orders: If necessary, either party can request temporary orders to address immediate concerns, such as child custody arrangements, child support, and spousal support, while the case is pending. 

5. Discovery: During this phase, both parties exchange information and documents related to their finances, custody, and property. This helps prepare for negotiations or trial. 

6. Negotiation and settlement: Many divorces are resolved through negotiation and settlement discussions, aiming to reach agreeable terms regarding child custody, asset division, and support payments without going to court. 

7. Trial: If the parties cannot reach an agreement, the case will proceed to trial, where a judge will make the final decisions on the contested issues.  

8. Final decree of divorce: Once all issues are resolved, the court will issue a Final Decree of Divorce, which outlines the terms of the divorce and is legally binding. 

Child Custody and Support

Child custody, officially known as "conservatorship" in Texas, is one of the most crucial aspects of a divorce when children are involved. The court generally prioritizes the best interests of the child when making custody determinations. Texas law recognizes two types of conservatorship: sole conservatorship, where one parent has the legal rights and responsibilities of the child, and joint conservatorship, where both parents share rights and duties. 

Child support is typically calculated according to state guidelines based on the income of the non-custodial parent and the number of children. However, the court may consider various factors when finalizing support arrangements.  

It is vital for divorcing parents to understand their rights and obligations regarding custody and support, as these can significantly impact the child’s wellbeing and the parents' financial situation. 

Division of Property

Texas is a community property state, meaning that assets acquired during the marriage are generally considered community property and subject to division during a divorce. Community property is split equitably, but not necessarily equally. Factors that may influence the division include the length of the marriage, the earning capacity of each spouse, and the contributions of both parties to the marriage. 

Separate property, which consists of assets owned by one spouse before the marriage or received as a gift or inheritance, typically remains with the original owner. It is essential to properly identify and classify property during divorce proceedings to ensure a fair distribution. 

Spousal Support

Texas law allows for spousal support, also referred to as alimony, under certain circumstances. Factors affecting eligibility for support include the length of the marriage, the financial resources of the spouse seeking support, the education and employment skills of both spouses, and any family violence that may have occurred during the marriage. It is important to seek legal advice to determine if you may qualify for spousal support or need to defend against it. 

Choosing the Right Divorce Attorney 

Choosing the right divorce attorney can make a significant difference in the outcome of your case. At Tabak Law Firm, I understand that every client’s situation is unique. I commit myself to taking the time to understand your individual needs and goals while providing you with the compassionate guidance required to navigate this challenging life transition. 

By working together, we can devise a tailored strategy that places your interests at the forefront of our efforts, ensuring that you achieve the most favorable outcome possible in your divorce proceedings. 

Texas Divorce FAQs

1. How long does the divorce process take in Texas?

The length of the divorce process in Texas can vary significantly depending on the complexity of the case and whether both parties agree on the terms. In general, a simple uncontested divorce can take as little as 60 days from the time of filing, while a contested divorce may take several months or even longer. 

2. Do I need a lawyer to get a divorce in Texas?

While it is not legally required to have a lawyer to file for divorce in Texas, having legal representation is highly recommended. A knowledgeable divorce attorney can help you navigate the legal complexities, protect your rights, and ensure that your interests are represented throughout the process. 

3. Can I get a divorce in Texas without a waiting period?

Texas law requires a 60-day waiting period from the date you file for divorce before a court can finalize your divorce, except in certain circumstances such as cases involving family violence. However, you can begin the process and engage in negotiations during this period. 

You Don’t Have to Go Through This Alone

Divorce can be overwhelming, but you don’t have to face it alone. My Houston family law firm is here to support you every step of the way. I am dedicated to protecting your rights, advocating for your interests, and helping you build a brighter future after divorce.