The divorce process can feel overwhelming, but you don’t have to face it alone. A compassionate and knowledgeable Houston divorce lawyer can provide you with the support, guidance, and peace of mind you need during this time. That’s where we come in.
At Bailey & Galyen, we understand how a divorce can drain you mentally. But when you work with an attorney from our team, we will work closely with you to streamline the process and alleviate your stress and uncertainty.
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Houston Divorce Guide
- Choosing the Right Houston Divorce Attorney: How Bailey & Galyen Can Help You
- Understanding the Divorce Process in Houston, Texas
- 7-Step Divorce Process: What You Need to Know
- Grounds for Divorce in Texas: Understanding Your Options
- How Is Property Divided in a Houston Divorce?
- How Soon Can a Person Remarry in Houston After a Divorce?
- Do I Really Need to Hire a Houston Divorce Attorney?
- Discuss Your Case With a Houston Divorce Lawyer at Bailey & Galyen
Choosing the Right Houston Divorce Attorney: How Bailey & Galyen Can Help You
Divorce is a challenging process that requires the guidance of an experienced legal team. At Bailey & Galyen, our Houston divorce attorneys provide the highest quality representation to achieve the best possible outcome.
Experience and Skills
With over 40 years of experience in Texas family law, our attorneys deeply understand divorce laws and procedures. Our team includes board-certified attorneys in family law and divorce, demonstrating our knowledge and skill in this complex area.
Personalized Attention and Legal Strategies
We recognize that every divorce is unique. This is why a Houston divorce lawyer from our law firm will take the time to listen to your story, understand your priorities, and develop a legal approach that aligns with your goals.
Comprehensive Divorce Services
Our Houston divorce attorneys offer a full range of legal services to address all aspects of your divorce, including:
- Property division
- Spousal support
- Child custody
- Child support
- Mediation
- Post-divorce modifications and enforcement
- And more
Accessible and Affordable Legal Representation
We believe that everyone should have access to quality legal representation. We offer flexible payment options and affordable payment plans so that you can obtain the legal services you need to protect your rights and secure your future.
To schedule a free consultation with an experienced Houston divorce lawyer, contact Bailey & Galyen online or call our office at (281) 612-5210.
Understanding the Divorce Process in Houston, Texas
The first step to filing for a divorce is determining whether you meet the residency requirements. To file for divorce in Houston, you or your spouse must have been a resident of Texas for at least six months and have lived in the county where you plan to file for at least 90 days.
Once you have established residency, you must decide whether to file for a contested or uncontested divorce.
Uncontested Divorce
An uncontested divorce is one in which both parties agree on all the divorce terms, including property division, child custody, and support. In this scenario, the divorce process can be relatively quick, often finalizing in as little as 60 days from the filing date. This is because there are no disputes for the court to resolve, and the parties can simply draft and submit an agreed decree of divorce for the judge’s approval.
However, even in an uncontested divorce, Texas law requires a mandatory 60-day waiting period from the filing date before the court can grant the divorce. This waiting period is designed to give couples time to reflect on their decision and ensure that divorce is the right choice for them.
Contested Divorce
A contested divorce, on the other hand, is one in which the parties cannot agree on one or more issues related to the divorce. This can include disputes over property division, child custody, child support, or spousal support. In these cases, the divorce process can take several months or even years to resolve, depending on the complexity of the issues involved and the willingness of the parties to compromise.
7-Step Divorce Process: What You Need to Know
The process for a contested divorce in Houston typically involves the following seven steps:
1. Filing the Original Petition for Divorce
The spouse initiating the divorce (the petitioner) files a petition with the court, which includes information about the marriage, the grounds for divorce, and any proposed terms for property division, child custody, and support.
2. Serving the Other Spouse
The other spouse (the respondent) must be formally notified of the divorce proceedings through service of process. We can do this through personal service by a process server or, in some cases, by certified mail.
3. Responding to the Petition
The respondent has a limited time to file an answer to the petition, typically 20 days from the service date. If the respondent fails to respond, the court may grant a default judgment in favor of the petitioner.
4. Discovery
Both parties exchange information and documents relevant to the divorce, such as financial records, property deeds, and child-related information. This process helps both parties have a complete picture of the marital assets and debts.
5. Mediation
In many cases, the court will require the parties to attend mediation before proceeding to trial. During mediation, a neutral third party (the mediator) works with the spouses to reach a mutually agreeable settlement.
6. Trial
The case may proceed to trial if the parties cannot agree through mediation. During trial, both sides present evidence and arguments to the judge, who will then decide on the divorce terms.
7. Finalizing the Divorce
The marriage legally terminates once the judge issues a final divorce decree. The decree will outline the divorce terms, including property division, child custody, and support, as well as any spousal support obligations.
Grounds for Divorce in Texas: Understanding Your Options
When filing for divorce in Texas, you have two main options: no-fault and fault-based divorce.
The most common ground for divorce is “insupportability,” which is Texas’s version of a no-fault divorce. Essentially, this means that the marriage has broken down due to conflicts or differences that can’t be resolved, and there’s no realistic chance of reconciliation.
Alternatively, you can pursue a fault-based divorce, which means that you’re claiming that your spouse’s actions led to the breakdown of the marriage.
In Texas, the fault-based grounds for divorce include:
- Cruelty (physical or mental abuse)
- Adultery
- Felony conviction
- Abandonment (leaving the marriage for at least one year)
- Living apart for at least three years
- Confinement in a mental hospital for at least three years
Choosing between a no-fault and fault-based divorce can significantly affect your case, particularly when dividing assets and determining spousal support.
How Is Property Divided in a Houston Divorce?
In a Houston divorce, Texas’s community property laws govern property division. These laws presume all property acquired during the marriage is community property, meaning it belongs to both spouses equally. This includes income earned by either spouse, assets purchased with joint funds, and debts incurred during the marriage.
Texas courts aim for a just and right division when dividing community property, often resulting in a 50/50 split. However, the court may deviate from an equal division if certain factors warrant a disproportionate distribution.
These factors may include:
- Each spouse’s earning capacity and income
- The educational background and employment skills of each spouse
- The age, health, and physical condition of each spouse
- The duration of the marriage
- Any fault grounds that led to the divorce, such as adultery or cruelty
- The size and nature of the separate property owned by each spouse
- The custody arrangement for any children involved
- Any special needs or considerations for either spouse or the children
Separate property, conversely, is not subject to division in a divorce. This includes assets that either spouse owned before the marriage and property acquired during the marriage through inheritance or gift.
However, it’s important to note that the burden of proof lies with the spouse claiming separate property to demonstrate that the asset is indeed separate and has not been commingled with community property.
In some cases, the court may divide separate property if the parties commingled it with community property to the extent that the court cannot easily trace it back to its separate origin. For example, if one spouse owned a house before the marriage but used community funds to pay the mortgage and maintain the property during the marriage, the court may find that the house has become partially community property.
How Soon Can a Person Remarry in Houston After a Divorce?
The waiting period for remarriage after a divorce depends on the specific circumstances of your case.
Here’s what you need to know:
- Mandatory Waiting Period: Texas has a mandatory 30-day waiting period from the date the divorce has finalized before either party can legally remarry.
- Appealing the Divorce Decree: If either party appeals the divorce decree, the waiting period for remarriage may be extended until the appeal is resolved.
- Out-of-State Marriages: If you choose to marry in another state with a shorter waiting period, Texas will generally recognize the marriage as long as it was legal in the state where it took place. However, ensure your divorce has finalized before remarrying, even in another state.
It’s crucial to remember that remarrying before the waiting period has ended can have serious legal consequences. If you remarry too soon, your new marriage may be considered void, and you could face legal challenges down the road.
Do I Really Need to Hire a Houston Divorce Attorney?
While some people may believe that handling their own divorce can save them money, the truth is that attempting to take on everything without professional assistance often leads to costly errors and unfavorable outcomes.
Divorce is not only legally complicated but also emotionally charged, making it difficult for most people to make objective decisions and protect their interests effectively.
Hiring an experienced Houston divorce attorney is often the wisest choice for individuals facing the end of their marriage. A skilled divorce lawyer can provide invaluable support and guidance throughout the process, protecting your rights and pursuing your goals strategically.
Some of the key benefits of working with a divorce attorney include:
- Proper filing of legal documents: A divorce attorney can accurately complete and file all necessary paperwork promptly, minimizing the risk of delays or rejections due to procedural errors.
- Efficient service of process: Your Houston divorce lawyer can serve your spouse with divorce papers so that this critical step is completed correctly and in accordance with Texas law.
- Effective negotiation of settlement agreements: An experienced divorce lawyer can help you negotiate a fair and comprehensive settlement agreement that addresses all relevant issues, such as property division, alimony, child custody, and child support.
- Powerful representation in court: If your divorce case requires litigation, your attorney can vigorously advocate for your interests in court, presenting compelling arguments and evidence to support your position.
Ultimately, while hiring a Houston divorce attorney may seem like an added expense, the benefits of skilled legal representation can far outweigh the costs. By working with an experienced divorce lawyer, you protect your rights, minimize stress and uncertainty, and increase your chances of achieving a favorable outcome in your divorce case.
Discuss Your Case With a Houston Divorce Lawyer at Bailey & Galyen
At Bailey and Galyen, our experienced divorce attorneys are dedicated to helping clients throughout Texas, including those in the Houston area, achieve their desired outcomes during this challenging time.
We understand the unpredictable nature of divorce, so we offer flexible scheduling options so that you can access the legal support you need.
If you require a consultation outside of traditional business hours, we are happy to arrange evening or weekend appointments to accommodate your busy schedule. Our team is also willing to travel to meet with you in person, ensuring that you have convenient access to the guidance and representation you need.
To schedule a consultation with one of our compassionate and knowledgeable Houston family law lawyers, call (281) 612-5210 or fill out our online contact form.
Bailey & Galyen Attorneys at Law – Houston Office
18333 Egret Bay Blvd Ste 333
Houston, TX 77058
Phone: 281-771-1725
