Getting a divorce is a difficult time in anyone's life because of the emotional elements and the complicated legal steps that must be taken. I understand the sensitive nature of this process and will work to resolve things in the most efficient manner possible so that you are able to move on with your life. During our first meeting, we will discuss your situation, the related processes and procedures, and the options that you have, including mediation and litigation.

Avoid Costly Divorce Litigation

Texas law recognizes Collaborative Law as an alternative to long, drawn-out courtroom battles that inevitably take a toll on everyone involved, children especially. Collaborative Law is a process in which the parties and their attorneys agree in writing to make a good faith attempt to reach a mutually-agreeable settlement without court intervention. Collaborative Law relies on an atmosphere of honesty, integrity, cooperation and professionalism. Keeping the well-being of the family at the forefront, the parties will engage in informal discussions and conferences to settle all issues without resorting to arguments and expensive courtroom brawls. If the parties are unable to reach a settlement through the collaborative process, the collaborative lawyers will withdraw from the case and the parties are free to retain trial attorneys to pursue the matter in court. This means that both spouses have an incentive to settle their case collaboratively in order to avoid having to hire new attorneys and begin a traditional divorce process through the court system, adding time and expense to the divorce.

TEXAS DIVORCE FREQUENTLY ASKED QUESTIONS

Q: What are the grounds for divorce in Texas?

A: Texas is a “no-fault” divorce state. This means that in order to get divorced, it is not necessary to prove either spouse caused the breakdown of the marriage. The marriage must only be “insupportable” (that discord or conflict of personalities has destroyed the marriage relationship) in the opinion of at least one spouse. Simply put, you guys just don’t get along anymore. The vast majority of divorces are granted on this basis.

However, in some situations, it is preferable to seek a divorce based on fault. The grounds for fault in Texas include: cruelty, adultery, a felony conviction and imprisonment, abandonment for at least one year, separation for three years, and confinement in a mental hospital for three years with the condition likely to continue or recur in the future.

Q: What are the requirements for filing a petition for divorce?

A: In Texas, one of the parties must have resided in the state for at least six months and in the county where the divorce is filed for 90 days prior to commencing the action.

Q: What is a legal separation?

A: A legal separation deals with property distribution, child support and custody issues without ending the marriage. While most states have some form of legal separation, Texas does not. In Texas, temporary orders concerning marital issues can be granted while a divorce is pending, but there is no provision for an indefinite legal separation.

Q: How long does it take to get a divorce?

A: If the spouses have reached an agreement on all of the relevant issues, a divorce may be obtained on the 61st day after the divorce petition was filed. If an agreement is not possible and the case must be tried, the length of time is primarily dependent on the Court's docket. In Harris County, most divorce cases are set for trial within six to twelve months after the divorce petition is filed.

* Effective September 1, 2009, the mandatory 60 day waiting period required before a court may grant a divorce can be waived in a case where the court finds that:
a. the Respondent has been finally convicted of (or received deferred adjudication for) an offense involving family violence against the Petitioner or a member of Petitioner’s household, or
b. the Petitioner has an active Protective Order under Title IV or an active magistrate’s order for emergency protection against the Respondent as a result of family violence committed during the marriage.

Q: How is property divided between spouses in a divorce?

A: The Texas Family Code requires that the Court divide the community property of the spouses "in a manner that the Court deems just and right." This means the Court is not required to divide the property 50-50 and can consider a variety of factors in deciding what is "just and right." These factors can include fault in the divorce, disparity in earning power, disparity in amount of separate property, etc.

Q: What are temporary orders?

A: Temporary orders are legally binding guidelines that must be followed until the court can make its final ruling. Temporary orders can specify who gets to reside in the marital residence, who can write checks on specific bank accounts, who gets the kids, etc. Temporary orders can also prevent a spouse/partner from contacting you, spending or transferring money, leaving with the children, or almost any other action you can prove would be detrimental to you or your children. Temporary orders can also change the status of child support and child custody.