Experienced Houston Divorce Lawyers
Choose a Houston divorce attorney that you can trust.
About 75,000 people file for divorce in Texas every single year. Getting a divorce can be one of the most heartbreaking and stressful life events that you encounter, but it’s important to remember that you’re not alone. When you work with Hedlesten Law PC, you can trust that we’ll work tirelessly to achieve a successful outcome with as little stress on you as possible.
Ending a marriage is never easy, especially when children are involved. The divorce process involves many moving parts— property division, child custody/support, investments, spousal maintenance and many other factors. As a result, the amount of time and money required for a divorce can only be determined on a case-by-case basis.
Generally speaking, divorces in Texas are broken down into two main categories: Contested divorces, and uncontested divorces. While both are complex, choosing whether to move forward with one over the other will depend on your relationship with your spouse, the factual circumstances of the case, and the complexity of your community property.
If you’re unsure which type of divorce applies to your specific situation, contact us today.
What is an uncontested divorce?
An uncontested divorce in Texas means that both spouses can agree on all aspects pertaining to the divorce, such as:
Child custody— including visitation and child support payments
Community property division
Splitting marital assets and debts, such as investments, loans/credit card debts, homes, vehicles, and other assets.
Both spouses understand and voluntarily sign all legal documents
Some couples choose to file for an uncontested divorce without a lawyer. Although this is perfectly acceptable, it frequently results in both parties overlooking important aspects surrounding the divorce case. In a worst case scenario, these oversights can result in an unenforceable divorce settlement by the court.
What is a contested divorce?
In Texas, a contested divorce means that spouses can’t come to an agreement on some, or any of the factors regarding the divorce. When couples are unable to come to an agreement on their own, this divorce is considered a contested divorce. Some of the most common reasons that couples proceed with a contested divorce include:
Spouses are quarrelsome and unable to effectively communicate
Evidence of infidelity
Presence of spousal abuse
Spouses are unable to agree on division of community property
Opposing ideas on child support and/or parental time
You believe that your spouse is being dishonest about their finances
You suspect that your spouse is attempting to conceal assets
Many spouses begin by filing for an uncontested divorce and later realize that they don’t agree on certain issues, which complicates an already complicated situation. Contested divorces can quickly become a legal labyrinth of paperwork and proceedings, costing you more time, money, and heartache than necessary. This is why it’s important to find an experienced and aggressive attorney who will advocate for you, and put your interests first.
Experienced Legal Counsel Matters
We understand that each divorce case is as unique as your relationship with your spouse. That’s exactly why we want to guide you through this complicated situation and fight for you every step of the way.
When everything is at stake, we’re here to help you.
Don’t wait. Get in touch today and receive expert legal advice for your specific case.
Frequently Asked Questions About Houston Divorces
Q: Is there “no-fault” divorce in Texas?
A: Yes, Texas allows for “no-fault” divorce, meaning the reason for the divorce is irrelevant and the spouse filing for divorce doesn’t have to prove any fault.
Q: Is there “legal separation” in Texas?
A: No, the state of Texas does not recognize legal separation. If you find yourself “separated” know that the state of Texas legally finds that their debt is still your debt, and your property is still their property. Simply put, you’re still married until you’re legally divorced.
Q: How does the court decide what marital property is divided?
A: Texas is a 50/50 community property state, meaning any property or debt obtained during the marriage belongs to both parties and there’s no guarantee that the property will be divided 50/50.
Q: How quickly can I finalize my divorce?
A: Due to the personal nature of divorces, court proceedings can often become nasty, even lasting for years. In Texas, a divorce is not final for a minimum of 60 days after a petition is filed. It can take six months to one year or even longer to finalize a divorce, depending on the complexity of issues and conflict.
Q: How long do I have to live in Texas to file a divorce?
A: In order to file for a Texas divorce, there are certain requirements that must be met. For example, before filing for divorce, one of the spouses must have been a Texas resident for a continuous six-month period and one of the spouses must also have been a resident of the county for at least 90 days before filing for divorce.
Have a question not listed here?
Get in touch and let us shed some light on your specific case.