Divorce

Texas is a no-fault divorce state, which means that that a spouse does not have to, but is allowed, to allege that the other spouse has done something wrong in order to get a divorce. In some divorces, just splitting assets and debts can be very difficult, such as when one spouse is hiding assets from the other spouse. If children are involved, parental rights,such as child custody, visitation, and child support can be very contentious—the parent-child relation is important, and you want to make sure that they are not used as a bargaining chip by the other party during the divorce process. During a divorce, it is not only parental rights and splitting the assets that need to be considered. You may need to address things such as changes to existing wills, alimony, or if there are retirement assets, a Qualified Domestic Relations Order (or QDRO).

If you are going through a divorce, you need a skilled lawyer to represent your interests, whether it be ensuring you get your fair share of the assets or adequate time with your children. I will fight hard to make sure you get the best result possible.  

The Process

Regardless of whether a divorce is contested or uncontested (so regardless of whether both spouses agree to the terms of the divorce), certain steps have to be taken.Below is an outline of the divorce process generally. It should be noted that your case may not follow this outline as each case is different.

• File for divorce. One of the spouses files a petition for a divorce with a court, which legally begins the divorce lawsuit. This needs to include whether there is fault or not. Reasons for a fault divorce can include cruelty, adultery, a felony conviction,substance abuse, and several other less common reasons. Fault needs to be proven, and can have a significant effect on the outcome of a divorce.
• Serve the divorce papers on the other spouse. Alternatively, the other spouse can sign and notarize a waiver of service to avoid this step, which is much more common in uncontested cases where the spouses are more cooperative.      
• Answer the petition.After being served, assuming the other spouse did not complete a waiver of service, the other spouse has a time limit fixed by law to respond. This is often when the other spouse decides to hire an attorney.
• Temporary orders, if necessary. Temporary orders exist only for the duration of the case, which typically means until the case is dismissed or a final order is entered. Temporary orders can be entered into by agreement (with or without first going to mediation), as the result of a hearing, or not at all if neither spouse nor the judge     considers it necessary. Temporary orders can include things such as temporary child custody, temporary child support, and temporary use of property, among other things.  
• Discovery, if necessary. Discovery is the process by which one party requests information, documents, and other evidence from the other party.
• Final Orders, where the final arrangements are decided. The divorce is finalized by the judge signing a final order and the marriage is officially dissolved. This can come about by way of agreement between the spouses (with or without prior mediation)or by way of trial. In Texas there is a mandatory minimum 60 days wait time between filing for a divorce and finalizing it.

What to Do Before Filing for Divorce (or even hiring an attorney)

If you need to file for a divorce, you need to be prepared even if you think there will not be much disagreement. Review your finances and make an inventory of your assets. Collect any documents you think are relevant, including bank statements, car titles, property purchase agreements, wage slips, etc. Also document any incidents you think may be relevant, such as spouse or child abuse, police reports, instances of adultery, etc. Your lawyer will need all of this to put the strongest possible case for you together.

If you hire me, we will use these documents to do a full review and design the best possible strategy for you. Call me at(281) 815-4855 or fill out the form at the bottom of this page.