The process of getting divorced is never easy. Whether your relationship is ending amicably or contentiously, you are likely in an emotional situation and you may be stressed about the uncertainty of your future. Divorce becomes even more complex if there are children involved, as you want to protect their well-being and your relationship at all costs. It is important to know that the legal process of finalizing a divorce under Texas law does not have to be a traumatic experience. With the guidance and advice of a Richmond divorce lawyer at The Vendt Law Firm, P.L.L.C., you can move on with your life with the security you need for a brighter future.
High Net Worth Divorce: If you and your spouse have accumulated high-value assets, divorce issues such as the division of community property and the establishment of spousal maintenance and child support can be complicated. We have worked with many high net worth divorce cases and can help you protect your legal and financial rights in your divorce.
Modifications: Courts consider several factors about the circumstances of the parties when crafting divorce orders. When a material change in circumstances justifies changing the terms of those orders, we can help you modify its terms after your divorce.
Stepparent Adoptions: Adoption establishes a parent-child relationship between the adoptive parent and child. The adoption process for stepparents can be complicated, especially when the prospective adoptee’s parents are still alive and haven’t had their parental rights terminated. We can guide you through these issues to ensure a smooth adoption process between stepparents and stepchildren.
Property Division: Under Texas law, assets that qualify as community property are subject to a just and right division upon divorce. You can count on us to advise you on property division matters, such as determining the character and division of certain assets.
Child Custody: In Texas, child custody is known as “child conservatorship.” Issues regarding conservatorship require courts to consider the best interests of any minor children. We are here to represent you and your children’s interests in your divorce case.
Contested Divorce: The court will only grant a divorce if there has been an irretrievable breakdown of the marriage. However, if you and your spouse cannot agree on the core issues of your divorce, our legal team can help you find a fair resolution to your dispute.
Small Business Owner Divorce: The ownership interests of a business and its assets can be a significant point of conflict in a divorce case involving complicated issues of community property. We can help you navigated the complexities of resolving problems concerning business ownership in your divorce case.
Over the years, our Richmond TX divorce attorney has helped numerous Texans finalize their divorces favorably. We have provided your friends, neighbors, and community members with outstanding representation in the aggressive pursuit of a positive outcome. Let us help you with your divorce or other family matter. We encourage you to read reviews left by our past clients to get a sense of the quality and caliber of our legal service.Read More Review
The divorce attorneys of The Vendt Law Firm are committed to helping clients facing divorce
throughout Richmond, Rosenberg, Katy & Sugar Land
Frank Vendt and his team understand that family problems are the most stressful events for most people. Compassion and transparency are necessary to help the client through their life events.
There is life after divorce.
At The Vendt Law Firm, P.L.L.C., we represent the rights and interests of divorcing clients in Richmond, Rosenberg, Katy, Sugar Land, and the surrounding areas. We strive for efficient and favorable results in every case, no matter how complex it may be. Our divorce attorney in Richmond, TX can assess your situation and advise you in a way that protects your rights and works toward an outcome that meets your needs. We respect our clients’ wishes while remaining vigilant and watching out for their best interests every step of the way in a divorce or other family law case. You can rest assured that your case is in good hands at The Vendt Law Firm, P.L.L.C.See All Cases We Handle
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Frequently Asked Questions
As a dedicated family law firm, there are several questions that we field from clients on a regular basis. We are committed to providing our clients with the comprehensive knowledge necessary to make informed decisions about their divorce. If there are any other questions you have for us, please feel free to reach out to us today!
A divorce cannot be finalized for a minimum of 60 days after filing the petition, though it often takes longer when there are aspects of the settlement the spouses do not agree on. A finalized divorce could take anywhere from four months to a year, depending on the case’s complexity.
In order to initiate a divorce, the party seeking a divorce must file a petition with the District Court of the country where either party lives. The party filing for divorce must five the other party legal notice of the filing – commonly referred to as “being served.” The party who files is called the “petitioner,” and the other party is called the “respondent.”
In order to avoid a default judgment, the respondent must file an answer within 21 days. If he or she does not, the case can proceed without their involvement. As a respondent, it is usually advisable to avoid a default judgment. The reason for this is that you would be giving up the chance to assert your legal rights.
For this reason, a default judgment often results in a less-than-desirable outcome for the party against whom the judgment is being asserted. As a result, if you have been served with divorce papers, you should speak to our team at The Vendt Law Firm, P.L.L.C. immediately.
Yes—you are not required to prove fault to get a divorce in Texas. However, if there is fault in the case, a spouse may list fault as a contributing factor in decisions of alimony or child custody
The court determines child custody by pursuing what is in the best interests of the child. This may include factors such as each parent’s financial and emotional stability, their individual relationship with the child, the presence of any substance abuse issues, and more. Depending on the age and maturity of the child, courts may also take the child’s wishes into account when making the final decision.
Yes—issues regarding the division of your marital assets are determined according to Texas law on community property. A court in Texas will conduct a “just and right” division of community property upon divorce. All property a married couple acquired while married qualifies as community property subject to a just and right division by the courts in a divorce case.
Yes and no—only a court may grant a legally recognized divorce. However, you and your spouse do not have to go through court proceedings to resolve critical issues related to your divorce. You and your spouse can enter into a private settlement agreement to establish the exact terms of your divorce without going to court. When you reach a settlement, you must provide the court with a copy of the settlement and its terms. If there are no legal problems with the agreement, the court will base its divorce orders on the terms of your settlement agreement.
Texas law regarding alimony and spousal support is complicated. Courts are prohibited from ordering, modifying, or enforcing permanent alimony obligations in Texas. A person’s legal duty to provide financial support for their spouse ends upon divorce. However, Texas recognizes the validity of what is known as “spousal maintenance.” It is highly recommended that you consult an experienced attorney to help you understand the nature and extent of your rights and responsibilities regarding spousal support in 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.
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.
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.
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:
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:
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.
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?
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.
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 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.
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 –
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.
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:
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:
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.
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:
“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:
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.
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!