Houston Divorce Lawyers 

Assisting Clients Navigating a Marriage Dissolution Process

Coming to the realization that you and your spouse must part ways and end your marriage is a difficult and emotionally-charged situation, especially when children are involved or when you are unsure of what will happen. Our law firm has assisted many clients in Bellaire, TX, and surrounding areas to navigate their divorce process and offers a few important insights for anyone in a similar situation.

To speak with our experienced Houston divorce lawyers, give us a call at (346) 536-9842 or contact us online today. 
 

Understanding the Divorce Process in Texas

A Texas divorce is initiated when one of the spouses (the petitioner) files a petition for divorce. Residency requirements need to be observed in order for a Texas court to handle the divorce. Both spouses need to have permanently resided in the state for a specific amount of time prior to the filing date.

Next, the court will determine the grounds for the divorce and will issue temporary orders that may address issues concerning children, property, and the spouses’ interactions with each other. The court may schedule a temporary order hearing at this stage. The next step after temporary orders are issued is a discovery phase, in which essential information and evidence are gathered in preparation for a final trial or settlement. Some cases will go to trial, while others may end up resolving through mediation or an out-of-court settlement.

Grounds for Divorce in Texas

In Texas, a divorce can be granted based on either fault or no-fault grounds, depending on the circumstances of the marriage breakdown. Understanding these grounds is essential to determine how to proceed with your case and protect your interests.

No-Fault Divorce

Texas divorces are most commonly based on insupportability, also known as irreconcilable differences. This means that the marriage has become untenable due to conflict or discord, and there is no reasonable expectation of reconciliation. No-fault divorces do not require either party to prove wrongdoing, making the process potentially less contentious.

Fault-Based Divorce

A fault-based divorce is also possible in Texas, where one spouse's actions contributed significantly to the breakup of the marriage. Common fault grounds include:

• Adultery: One spouse engages in an extramarital affair.
• Cruelty: Emotional or physical abuse that makes the marriage insupportable.
• Abandonment: One spouse leaves the marital home with the intent to abandon for at least one year.
• Conviction of a Felony: If a spouse is convicted of a felony and imprisoned for at least one year (excluding cases where the other spouse testified).
• Living Apart: Spouses have lived separately without cohabitation for at least three years.
• Confinement in a Mental Institution: If a spouse has been confined for at least three years with no prospect of recovery.

Choosing the right grounds for your divorce can impact property division, alimony, and custody decisions. Consulting with an experienced Houston divorce attorney can help you navigate the process and make informed decisions tailored to your situation.

No-Fault Divorce in Texas: What You Need to Know

A no-fault divorce essentially means that a spouse can initiate a petition without needing to prove that their marital conditions justify the necessity of a divorce. This is different than when a divorce is granted on fault grounds, i.e., justified by something the other spouse did. Cruelty, adultery, abandonment, or a felony conviction are possible grounds for a fault-based divorce.

Most divorces in Texas are initiated on a no-fault basis, requiring no explanation from either spouse. Common reasons behind a no-fault divorce may be insupportability or having lived apart for more than three years. Decisions such as property division and child custody can be greatly affected when one of the spouses can prove the other is at fault for the divorce, so it is important to work with a skilled Texas divorce attorney to better navigate the entire process.

Property Division in Texas Divorce: Key Insights

A common concern among clients getting divorced is how their property and assets will be split up, or “who gets what” after the divorce is completed. It is important to understand that Texas is a community property state, which means courts must split all marital property equally between spouses. Any property that was acquired by either spouse during the marriage is considered community property. This concept also applies to debts acquired during the marriage.

Certain exceptions may allow a spouse to claim certain assets as separate property. That includes anything that belonged to either spouse before marriage. It can also include gifts or assets given to only one of the spouses through inheritance or through a direct gift from a friend or relative. Assets that are proven to be separate property will not be divided and will continue in possession of the original owner.

Contact Our Houston Divorce Attorneys for Guidance and Support

A divorce is a life-changing event that affects not only the couple going through it, but many other aspects of their lives. As always, dissolving a marriage is emotionally taxing and can be an overwhelming process.

Having the right legal help on your side can make a dramatic impact during and after the divorce proceedings because only a skilled Texas divorce lawyer will know how to navigate the intricacies of the state’s Family Code while providing you with the right advice and guidance to help you move through turbulent times with confidence and a clear mind. There is no reason to battle it out by yourself – if you are facing a divorce or need to talk about the process with an attorney, reach out to the attorneys from ALP Law Firm and request a consultation today.

To speak with our experienced Houston divorce lawyers, give us a call at (346) 536-9842 or contact us online today.