Divorce Attorney in Richmond, TX

What Are the Requirements for Divorce in Richmond, Texas?

How do you go about starting a divorce proceeding in Texas? Getting a divorce is not as simple as going to the courthouse and filling out some paperwork. First, you need to determine whether you are even eligible for a divorce under state law.

Residency Requirements in Texas Divorce Law

In order to move through the divorce process in the State of Texas, either you or your spouse must have been a resident for six months before the filing date and must have lived in the county where you are filing for at least 90 days. In addition, for a Texas family court to have jurisdiction over a person who is not a resident of Texas, the divorcing couple’s final marital residence must have been in the state, and the petition needs to have filed within two years of the last day the marital residence ended.

If one party has lived in Texas for the past six months and his or her spouse lives elsewhere, the party living outside of Texas can file for divorce in the county where the spouse living in Texas resides.

Importantly, there are special rules for military personnel who are living in Texas. Texas residents who are stationed overseas or elsewhere in the United States may be considered Texas residents. In addition, service members who are stationed in Texas for at least six months and who are stationed at a particular military installation for 90 days are considered residents of Texas and the county that their installation is located for the purposes of filing for divorce.

Grounds for Divorce in Richmond, Texas

Texas law requires people seeking to end their marriage to provide grounds for divorce. Texas recognizes both fault and no-fault grounds, and most divorces proceed under the no-fault grounds of “insupportability.”

IN supportability of the marriage because of discord or conflict of personalities that destroy the legitimate ends of the marital relationship and prevents a reasonable expectation of reconciliation.

Some of the possibilities for fault grounds in Texas include:

• Adultery — in the form of actual, physical, sexual intercourse without the spouse’s consent
• Abandonment — when one spouse left the other against the desires of the other, has been gone for a year, and will not return
• Felony conviction — resulting in the imprisonment of one spouse for at least one year, having been sentenced during the marriage
• Cruel treatment — when one spouse has made life unbearable through emotional or physical abuse

It is critical to carefully determine what ground for divorce apply to your situation before filing, as filing under fault grounds requires you to prove certain facts. While filing for a fault divorce can have an impact on the way that property is divided and alimony, it can also force you to disclose sensitive information about your marriage in open court. As a result, you should be certain to fully consider whether you want to pursue a fault or a no-fault divorce prior to filing. By consulting with a Richmond divorce attorney, you can be sure that you have explored all of your options and are pursuing the correct grounds for divorce in your situation.

Texas divorce law is somewhat unique in that it offers fault and no-fault divorces. No-fault divorces presuppose that neither spouse is to “blame” for the end of the marriage. The eligible grounds are:

• Insupportability — akin to “irreconcilable differences” resulting in incompatibility
• Separation — when spouses have not cohabited for at least three years and have not been intimate with each other
• Mental incapacitation — when one spouse has been institutionalized in a mental facility for three years and their condition will likely not change

The Waiting Period & Divorce Laws in Texas

Many people who have decided to get a divorce and are anxious to move forward with the process are frustrated to learn that Texas Law imposes a 60-day waiting period. This means that even if the couple agrees on everything and all that needs to happen is that a judge signs off on their separation agreement, the court may not grant a final decree of divorce for 60 days after the petition has been filed. This requirement is intended to impose a “cooling off period” so couples who have gotten into a serious conflict do not make a hasty decision to get divorced without trying to work it out.

There are some notable exceptions to this requirement, however. If the respondent has been convicted of an offense involving domestic violence against the other party or a member of his or her household, there is no waiting period. Similarly, if the person who filed for divorce has an active order of protection or against the other party, the waiting period does not apply.

This waiting period can be waived if:

• The spouses are seeking to void or annul the marriage itself.
• The spouse responding to the application was convicted of domestic violence against the filing spouse or someone in the household.
• A protective order has been issued to protect the filing spouse against the responding spouse stemming from domestic abuse.

Moving the Process Forward

If you are anxious to get divorced, it is important to keep in mind that the representation and assistance of a lawyer can help get your divorce filed and completed more quickly than you would be able to on your own. An experienced divorce lawyer will be familiar with the process, which makes everything more efficient. Rather than doing all your own research and determining whether you can file, where to file, and what to file, a lawyer will handle all these issues for you.

A Sugar Land divorce lawyer will also be able to determine what issues will need to be resolved before your divorce can be finalized. If there are serious issues that need to be resolved, your attorney will attempt to negotiate a settlement with your spouse (or his or her attorney). In many cases, the fact that a lawyer is representing a person can make it much more likely to reach a settlement as divorcing spouses are often unable to communicate with each other is a constructive way.

Going Through Uncontested Divorce

In every divorce, there are issues that need to be worked out. In some cases, couples are able to mutually agree to the way they want to split their property, handle child custody and child support, and spousal maintenance payments. This scenario, called an “uncontested divorce,” tends to occur in situations where couples have not been married for particularly long and have not accumulated significant community property. If you find yourself in this situation, it may be tempting to not retain an attorney in order to save money. After all, if you and your spouse agree to the terms of your divorce, how can an attorney help?

There are, in fact, many ways in which a divorce lawyer can be of assistance in an uncontested divorce. Some of the most common include the following:

• Ensuring that you address all the issues that need to be resolved
• Informing you about any rights of which you may be unaware
• Making sure that the paperwork you file with the court accurately reflects your agreement
• Protecting your future legal rights should circumstances change

Divorce is a complicated matter, and it is critical to take steps to protect your rights regarding your assets, children, and income. For this reason, you should always retain an attorney, even if you and your spouse seem to agree on how to resolve issues related to your divorce.

Committed to Resolving Contested Issues

Unfortunately, most couples who decide to end their marriages do not agree on everything – if they did, it is very likely that they would not be divorcing. There can be significant and acrimonious arguments regarding the way that assets will be divided, how custody of children will be shared, and other issues. After all, matters related to your family life and financial situation can affect your life in significant and profound ways. The Vendt Law Firm, P.L.L.C. regularly represents individuals who are in disputes regarding the terms of their divorce in Richmond, Texas.

Love and family are extremely touchy areas of people’s lives, so it makes sense that parties may have disputes on a variety of fronts. The most common pain points include:

• Child custody/conservatorship — who can make what decisions on behalf of the child
• Visitation — how much a non-custodial parent can access children of the marriage and on what terms
• Division of property — whether property/assets should be considered community property to be divided, the value of property/assets, and who should be responsible for what debts
• Financial support — entitlement and/or amount that should be paid for child and spousal support
• Costs of litigation/attorneys — who should pay and in what proportion for documents, assessments, and other services and processes that are needed to understand and resolve the issues in the particular case

Child Custody Disputes

Child custody is often the most ferociously contested issue in a divorce. Both parents may have strong feelings about both their fitness as a parent and the unfitness of their child’s other parent. Courts in Texas have significant latitude when making decisions related to child custody and can consider virtually any factor they believe is relevant to the best interests of the child. For this reason, if you are involved in a child custody dispute, you should be certain to retain an attorney immediately. A lawyer will be able to present your case to the court in the best light possible, maximizing your chances of getting the custody arrangement you are seeking.

How do we help in resolving divorce-related issues in Richmond, Texas?

The Richmond TX divorce attorneys at The Vendt Law Firm help in addressing and resolving every little aspect of your divorce. We strive to find the most effective solutions for the following issues –

• Contested Divorce: If you and your partner can’t come to an agreement on some of the core issues of the divorce, a divorce lawyer at The Vendt Law Firm can help you. We will assist you in finding a fair resolution so that the divorce process can go along smoothly.
• Child Custody: In the state of Texas, child custody is called ‘child conservatorship’. In issues related to conservatorship, the court will make a decision that will be in the best interest of the child/children. We can help you represent the best interests of your child/children.
• Child Support: In the state of Texas, guidelines for child support are properly defined. These guidelines also consist of a fee schedule through which the amount of support is calculated. There can be instances where you might need help in contesting, obtaining, and resolving these issues, which is where we can assist you best.
• Spousal Support: This is also known as Alimony, and it is a common issue faced by many couples undergoing a divorce. Our lawyers can help individuals seeking alimony or those who wish to contest it.
• Stepparent Adoption: The process of adoption can often be complicated for stepparents, especially if the child’s parent is still alive. In some cases, the adoptive rights of the other parent have not been terminated. In such a scenario, you would need the guidance of experts to ensure a smoother adoption process.
• Property Division: The divorce laws in Texas stipulate that property assets should be divided fairly among the partners after divorce. For all the matters related to property division, you can count on the divorce lawyers at The Vendt Law Firm.
• Business Ownership Issues: Ownership issues can be another form of conflict in divorce cases if the spouses own a small business together. Navigating this complex issue can be tough, which is where we come in. Our lawyers will help in resolving the conflict and dividing the assets fairly.
• High-Value Assets Divorce: If the spouses seeking a divorce own high-value assets, it can raise many issues in terms of spousal support, child support, and division of property. The Vendt Law Firm specializes in resolving such divorce cases. We aim to ensure that all your financial and legal rights are protected.
• Modifications: If the circumstances of a party changes during the divorce process, the court considers several factors for changing the terms of the divorce order. Our Richmond divorce lawyers can help you in the modifications in the terms of the divorce.

Disputes Related to the Division of Property

The way that marital assets are divided in divorce can have a significant impact on your quality of life and financial situation. In cases in which there are assets that are not easily divisible or of which the value is difficult to determine, issues related to the division of property can become extremely complicated.

Examples of these kinds of assets include real estate, family-owned businesses, retirement accounts, and investment portfolios. The way that property is divided depends on a number of factors, including marital fault, a disparity in earning capacity, the health of both parties, benefits that one spouse would have received had the marriage continued, and the relative ages of the parties, among others.

Factors Influencing Property Division

There are a number of factors a divorce court will consider when coming to a just and equitable distribution of property between ex-spouses. These include:

• Length of the marriage
• Differences in the parties’ ages, health, education levels, and earning capabilities
• Whether one spouse’s actions or conduct resulted in the breakdown of the marriage
• Size and scope of the community estate
• Type and amount of separate property owned by each party
• Evidence of misuse of the couple’s property, funds, or assets by one or the other party
• Roles and responsibilities of both parties with regard to raising the children and custody arrangements
• Contributions of the lower-earning spouse to the home and children during the marriage

Understanding Alimony

Texas law recognizes that people who are married function as a single financial unit at times and that one spouse often sacrifices pursuing a career in order to maintain the home, raise children, or provide other support. For this reason, in many divorces, one spouse is often required to make regular payments to the other spouse in the form of spousal maintenance, commonly referred to as “alimony.”

Factors determining the amount of spousal maintenance include:

• Financial circumstances of both parties after the divorce
• Amount and types of separate property owned by both parties
• How child or spousal support would impact the payor’s other financial obligations
• If and what the requesting spouse contributed to the other party’s increased earning power, education, or training — or if they were a homemaker
• Employability and earning ability of the requesting spouse, including age, education, skills, and what it would take for them to obtain education and/or employment
• Any violence or other misconduct by either party, including inappropriate dealings with joint funds or marital property

Whether you are a spouse seeking alimony or hoping to avoid paying it, it is important to understand that courts have significant discretion in determining whether and how much alimony to award. Because spousal maintenance can have such a significant impact on your financial well-being, it is critical to retain a divorce lawyer who will protect your rights and who understands the complicated laws that govern spousal maintenance awards.

Will I Be Entitled to Spousal Maintenance in Texas?

If you are seeking spousal maintenance under Texas law, you must show that you do not have enough income and/or property to support yourself immediately following a divorce and that one of the following is also true:

• Your spouse committed domestic violence within the two years before the divorce or during the divorce process;
• You have a physical or mental disability that prevents you from earning enough to support yourself;
• Your marriage lasted at least ten years and you are not able to work enough to support your basic needs; or
• You cannot work because you have custody of a child (with your spouse) with a disability who needs special care.
• Once it is established that you deserve spousal maintenance, the court can consider many factors to determine how much you should receive for how long.

Statistics on Divorce in Texas in 2023

“Half of all marriages end in divorce” was a refrain most of us have heard throughout the years. So it may be surprising in this day and age that though it remains the third-highest in the world, the U.S. divorce rate — around 2.3 per 1,000 people — appears to be falling in the long term. This is partly because fewer people choose to get married compared to 1990.

Here are some eye-opening details about divorce today:

• The 50% divorce statistic still applies — when it comes to first marriages. Second and third marriages apparently fail at a higher rate.
• Couples stay married an average of eight years prior to divorcing.
• 57% of couples who did not live together before marrying stayed together for 20+ years; 46% of couples who did cohabitate prior to marrying sustained their unions past 20 years.
• Couples with friends who undergo divorce are 75% more likely to divorce themselves.
• The top five reasons for divorce are lack of commitment, adultery, too much conflict/arguing, marrying too young, and financial problems. Notably, almost 25% of divorces resulted from domestic violence.

Aggressive Advocacy for Your Rights

If you live in Richmond or Katy, TX and are going through a divorce or believe that one may be around the corner, you should contact a divorce attorney as soon as you can. Retaining a divorce lawyer during the divorce process can help protect your rights and make sure that issues related to your finances, children, and other matters are resolved as favorably as possible. At The Vendt Law Firm, P.L.L.C., we are committed to providing our clients with the highest quality of legal representation possible both during divorce and after the dissolution has been finalized.

Contact the Richmond Texas Divorce Lawyers Today at The Vendt Law Firm, P.L.L.C.

We, at The Vendt Law Firm, understand that a divorce involves making a crucial decision about your life and future. The divorce laws in Texas can be quite complicated and making any mistakes in the process can prove to be costly in the long run. Our divorce attorney in Richmond, Texas is here to help out with all your needs. Contact us today for a consultation!