Even when both spouses are in agreement that the time is right to end a marriage, filing for divorce can still be very complicated. It is important to keep in mind that a final divorce decree is a legally binding document, so it is in the best interest of all parties to ensure that all matters concerning the dissolution of a marriage are appropriately handled the first time.
While couples can be tempted to attempt to file divorce paperwork on their own in order to avoid legal expenses, certain oversights concerning issues like child support, residence of the children, visitation, and property division can, if not property dealt with and documented, lead to later and more expensive litigation, such as having to file motions to modify custody or support, or clarify the court orders or the Final Decree of Divorce.
Such mistakes can be costly to correct, which is why any person who is considering a divorce in Texas should be sure to have his or her decree reviewed by an experienced divorce attorney.
Divorce Lawyer in Houston, TX
If you are preparing to file for divorce in Southeast Texas, you will want to be sure to retain legal counsel as soon as possible. Sydow Law Firm represents clients in communities throughout Fort Bend County and Harris County.
Michael Sydow is an experienced attorney in Houston and a member of both the Houston Bar Association and the Federal Bar Association. He can review your case and answer all of your legal questions as soon as you call (713) 622-9700 to receive a free initial consultation.
Harris County Divorce Information Center
- What are the different kinds of divorce cases?
- Are there certain general rules to divorce in Texas?
- Where can I learn more about divorce in Houston?
Types of Divorce in Texas
Each divorce case involves its own unique set of circumstances and factors. Sydow Law Firm has experience handling complicated issues in such divorce cases as:
- Legal Separation
- Military Divorce
- Alimony Maintenance
- Name Change
- Property Division
Basic Elements of Divorce Case in Harris County
Under Texas Family Code § 6.301, a suit for divorce cannot be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
- a domiciliary of this state for the preceding six-month period; and
- a resident of the county in which the suit is filed for the preceding 90-day period.
Texas Family Code § 6.001 also establishes that “the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
In other words, a divorce in Texas can be fault-based (actions based on adultery or domestic violence, for example) or no-fault (meaning irreconcilable differences or a couple living separately without cohabitation for at least three years).
All property a couple acquires during the duration of a marriage (other than gifts or bequests) is generally presumed to be community property subject to division by the Court in a divorce. Even in a “no-fault” divorce the Court is required by law to make a just and right division of the community estate, and may consider fault of in the break-up of the marriage in deciding how to divide the community property.
Community property laws apply to far more than just physical forms of personal property, as important accounts such as retirement plans or stock options can also be considered community property. Where the parties, or either party, owns or operates a closely held business, issues concerning division of the business or its assets are complex and must be resolved by the Court in the Final Decree.
Divorce Resources in Texas
Texas Judicial Branch (TJB) | Rules & Forms | Texas Courts — The TJB website is maintained by the Office of Court Administration (OCA) the state agency that provides technical support and administrative assistance to Texas courts and judges. On this section of the TJB website, you can access Supreme Court Approved Divorce Forms as well as many other civil forms. You can also find a Protective Order Kit and Judicial Bypass under Ch. 33 of the Family Code Forms.
Texas Directory of Divorce Support Groups | Divorce HQ — People going through divorce may be able to attend any one of a number of support groups in the state. Visit this website to view a list of some divorce support groups in Texas as well as information about the groups. Some meetings are religious in nature while others are non-sectarian.
Find a Divorce Attorney in Houston, TX
Are you going to be filing for divorce in Southeast Texas? Make sure to contact Sydow Law Firm before you sign any paperwork relating to the dissolution of your marriage.
Experienced family law attorney Michael Sydow represents clients in communities all over Harris County and Fort Bend County.
Call (713) 622-9700 or submit an online contact form to have our attorney provide a complete evaluation of your case during a free, no obligation consultation.