Divorce Attorneys in Houston
Family Law Professionals Helping Clients Through an Extraordinarily Difficult Time
Are you going through a divorce or simply exploring your options? If you’re reading this, chances are you’re going through a difficult time. For that, we’re sorry. But it’s important to remember that you don’t need to go through this alone. Help is out there.
Help is here.
A divorce can be one of the most difficult things that any one of us could ever go through. We know. That’s why we are proud to provide our professional legal guidance to clients going through such difficult times. It’s important to know that there’s help available. What’s more, it’s highly recommended that you hire assertive divorce representation as you go through divorce proceedings. It can be difficult to keep a level head, especially in a contested divorce or divorce litigation, and you want someone to speak for you so that a family law judge looks favorably upon your case.
Our family law firm has extensive experience representing divorce cases in Houston. To learn more about our compassionate legal services, please contact our Harris County law offices to schedule your initial consultation today.
What is the Difference Between Contested and Uncontested Divorces?
Contested divorces are those in which two parties cannot agree to terms on one or all things involving their divorce. A contested divorce is often expensive, lengthy, and emotionally trying. Frequently resulting in litigation in a courtroom setting, contested divorces should be avoided, if at all possible. However, sometimes it is impossible, and we recognize that. If it becomes necessary to take your divorce case to court in a contested divorce, you want professional legal representation to represent your best interests. We would be proud to provide such representation.
An uncontested divorce, on the other hand, plays out when the two parties can come to an agreement on the terms of their divorce. This may mean agreeing on all of the important things, like child custody, child support, and spousal support. An uncontested divorce case is usually much cheaper and faster than contested divorces.
Whatever type of divorce you are engaged in or contemplating, we would be honored to lend you the legal representation that you deserve.
Can an Uncontested Divorce Become a Contested Divorce?
An uncontested divorce can easily become a contested divorce at practically any time. All that needs to happen is for a subject matter or divorce term that the two parties previously agreed upon and now they don’t. Whereas before, it might have been possible to have one lawyer representing your uncontested divorce, when it becomes contested, it will be time to hire separate legal counsel.
What is the Difference Between a No-Fault and a Fault-Based Divorce?
Texas allows for both fault-based and no-fault-based divorces.
In a no-fault divorce, all that needs to be said is that there is no chance for reconciliation between the two spouses. In a fault-based divorce, one or both spouses would point to a reason or grounds for the divorce.
Acceptable grounds for divorce in Texas include:
- Abandonment.
- Adultery or infidelity.
- Confinement to a mental hospital.
- Cruelty.
- Felony conviction.
- Insupportability.
- Living apart.
It should also be noted that Texas does not recognize legal separation. In other states, legal separations are a means for spouses facing difficulty who want to live apart for a time but are not yet ready to divorce.
Is Mediation an Option?
There are several alternative dispute resolution (ADR) measures that divorcing couples may consider instead of going through costly divorce litigation. Perhaps the most popular choice among such alternative dispute resolutions is mediation.
In mediation, a neutral third party (the mediator) sits in on negotiations between the married couple. The mediator’s job is to help the divorcing couple reach common ground and compromise on agreeable terms in their divorce. In many ways, mediation is a cheaper and less emotionally exhausting way of settling differences in a divorce.
If you are considering mediation, our Houston divorce attorneys have experience both as mediators and as lawyers who sit in on mediation. It may be wise to retain individual legal counsel when going through mediation, as your attorney can help remind you of your rights and responsibilities.
Not all divorcing couples should consider mediation, however. If your marriage featured domestic violence, child abuse, alcohol or drug abuse, or experience frivolous spending and the accrual of many debts, you may not be a great candidate for mediation.
How is Child Custody Determined in a Divorce Case in Houston, TX?
Child custody is decided on a case-by-case basis in Houston, Texas. Without first evaluating your case, there is no way to tell you how your child custody matters will be resolved. A family law judge must consider several factors under Texas law when rendering their decision in your child custody case.
These include:
- A history of neglect.
- Any history of domestic violence or abuse.
- History of substance abuse.
- Sibling relationships.
- Stability in the child’s life.
- The age and needs of the child.
- The mental and physical health of the parents.
- The child’s preference for which parent to live with.
- The child’s relationship with either parent.
- The child’s special needs.
- The home environment of both parents.
- The need for spousal support and child support.
- Whether a parent is willingly maintaining honest communication.
What Assets May Be Subject to Property Division?
Texas is a community property state. Any assets that you acquire over the course of your marriage may be considered community property (also known as marital property). As community property, these assets may likely be vulnerable to the division of assets. In Texas property division, a family law judge will attempt to divide assets in a way that is fair and just between the two divorcing spouses. This does not mean equal. It is entirely possible for one spouse to recover more marital property following a divorce than the other.
There is such a thing as separate assets. A separate asset is any property that you acquired prior to your marriage. For example, if you owned a home and you never transferred ownership to include your spouse, then that home should be yours (unless other arrangements were otherwise stated in premarital agreements). Similarly, separate assets may include any assets you acquire through an inheritance or as the recipient of a gift.
How Long Can a Divorce Take to Conclude?
The majority of contested divorces in Texas take somewhere between six months to over a year to conclude. An uncontested divorce, on the other hand, may resolve in as few as 60 to 90 days.
Ultimately, however, the length of time it takes to resolve a divorce case in Texas depends on the unique factors of your individual case. For a better idea of how long your divorce case may take to resolve itself, please contact our compassionate divorce lawyers in Houston today.
Do You Need to Retain the Legal Counsel of a Houston Divorce Lawyer?
We highly recommend that you retain professional legal counsel when going through a divorce, especially if that divorce is contested and challenging. The benefits of hiring a divorce attorney far outweigh the costs of doing so.
At Dodson Law Firm, our compassionate and considerate legal professionals would be proud to assist you through the divorce process and face any other relevant family law issues surrounding your divorce case. Schedule a consultation today.
Schedule a Confidential Consultation with Experienced Houston Divorce Lawyers Today
Our Houston-based law firm has extensive experience representing contested and uncontested divorce cases in the Houston area.
We fully understand how difficult and challenging a situation this must be for you and your family. We will strive to lift some of that burden off your shoulders and pursue the most satisfactory outcome for your divorce in as little time as possible.
Schedule your initial consultation with our caring Texas lawyers today by contacting us at 713-597-7141.