Divorce is complicated and, during this emotional time, you’ll need strong legal representation.
Whether your divorce is contested or not, our attorneys can help you navigate the legal landscape in the State of Texas and help solve any issues that arise along the way.
Here are some of the most frequently asked questions when someone is going through the divorce process in Texas.
The fast answer is, don’t.
There’s an old saying that a person who represents themselves has a fool for a client. Don’t roll the dice on your future.
The fact is, only lawyers have the specialized training and experience that it takes to initiate and complete the divorce process successfully. Going it alone means you will make costly mistakes that could have life-changing consequences.
Worse yet, if your spouse hires an attorney and you do not, you could be at an extreme disadvantage. Persons who try to file for divorce using their own research or using a low-cost or inexperienced attorney may succumb to pitfalls they otherwise could have avoided.
In Texas, those seeking divorce must meet certain requirements in order to be eligible for divorce. For instance, one spouse must have been a legal resident of the state for at least 6 months prior to filing. In addition, this person must have lived in their current county for at least 90 days.
Texas is one of only a handful of states that recognizes both fault-based and no-fault divorce. This means a couple can cite the reasoning for divorce in their official petition with the court.
Common grounds for divorce include:
If either party chooses to cite fault in their divorce, they must be prepared to back up their claims with evidence to its legitimacy.
While it is common for attorneys anywhere to have predictable hourly rates, the cost of your particular divorce depends entirely on your unique situation. In general, the more complicated a case is, the more assets a couple has, the more meticulous a good attorney needs to be in order to produce the best possible outcome.
There are still many other factors that can draw out the process causing costs to go up. The best way to find out how much your particular situation will cost to remedy is to schedule a time to talk with a lawyer and have them review the facts of your specific situation.
At that point, a good attorney should be able to give you an estimate of time and cost to deliver the outcome you want. Remember that just because you pay an attorney for an initial consultation, does not mean you have to go with that attorney.
Legal representation is often only one service people may need when going through the divorce process. Often there are numerous other impacts to a person’s life as a result of dissolving a marriage.
People may experience:
There are numerous local resources in Sugar Land that people can take advantage of if they are experiencing any of the above.
Text of Texas Family Code: Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship; Subtitle B. Suits Affecting the Parent-Child Relationship; Chapter 154. Child Support.
Text of Texas Family Code: Title 1. The Marriage Relationship; Subtitle C. Dissolution of Marriage; Chapter 6. Suit for Dissolution of Marriage.
Text of Texas Family Code: Title 1. The Marriage Relationship; Subtitle C. Dissolution of Marriage; Chapter 7. Award of Marital Property
Text of Texas Family Code: Title 1. The Marriage Relationship; Subtitle C. Dissolution of Marriage; Chapter 8. Maintenance.
Text of Texas Family Code: Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship; Subtitle B. Suits Affecting the Parent-Child Relationship; Chapter 153. Conservatorship, Possession, and Access.
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.
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.
Child custody: In Texas, child custody is known as “conservatorship.” Matters of conservatorship are often the most hotly contested among divorcing spouses. We can help you establish a workable agreement with your estranged spouse including on issues of child custody, child support, and alimony.
Spousal maintenance: Also called alimony, this is awarded in cases where one spouse makes significantly more income than the other. Generally, it is intended to assist the lesser-earning spouse in maintaining the standard of living they enjoyed during the marriage.
Because Texas family court judges can determine spousal maintenance at their own discretion, it’s important to have an experienced divorce attorney by your side to help you with matters of spousal maintenance.
Division of property: Texas is a community property state, which means the property acquired during your marriage must be divided evenly between both spouses, whereas separate property will remain with the spouse who brought it into the marriage.
It’s important to note that although the law states the division of property should be equitable, this does not mean division will be equal. An equitable outcome relies on a few different factors concerning the divorce, such as income level and the standard of living each spouse is accustomed to.
An Aggressive Divorce Lawyer
We pride ourselves on delivering sound guidance to our clients. If you are thinking about divorce, our Sugar Land attorney can work with you to create an agreement that best suits your needs and wishes.
To schedule a consultation with a Sugar Land divorce lawyer, call our firm at (832) 276-9474 today!
Frank has done an amazing job with my divorce case, I would definitely recommend him to anyone!
“Frank has done an amazing job with my divorce case, I would definitely recommend him to anyone! He has always been available at all times of day, he is very sharp and knows exactly what he’s talking about and can explain things very well. I have relied on Frank to take care of this case and he has come through on top at every turn. Excellent lawyer.”
Frank guided me through a very challenging divorce and I couldn’t be more pleased.
“I cannot recommend Mr. Vendt and his associates more! Frank guided me through a very challenging divorce and I couldn’t be more pleased. Response times on phone and email were exceptional. On the rare occasion my questions were not answered immediately, I would wait only hours at the most, thankfully, I never waited into the next day. Frank also made a surprising effort to fully understand my situation, and negotiate a fair deal. Although it meant less money in his pocket, he managed to avoid a second trial, and negotiated a fair deal I was very pleased with. I always assumed lawyers were in it for all they could get, but Frank truly had my best interest at the forefront of his efforts. The best quality I can mention is that Frank is very honest and strait forward. He reads the situation, and advises in a very clear and accurate manor. I never felt like I was in limbo, and with Frank on my side, I knew what to do and what to expect to reach a satisfying conclusion to a difficult time in my life. I hope and pray I never need his service again, but if I do require a family attorney in the future, The Vendt Law firm will receive my first and only call.”
Frank really took care of me with a complex divorce. It was nice to know I had him in my corner with his experience and understanding during a difficult time.
“Frank really took care of me with a complex divorce. It was nice to know I had him in my corner with his experience and understanding during a difficult time. I highly recommend. ”
I simply want to Thank Frank for his upfront honesty and advise on my case! He saved me from spending my money and gave me the knowledge I needed to go about my situation.
“I simply want to Thank Frank for his upfront honesty and advise on my case! He saved me from spending my money and gave me the knowledge I needed to go about my situation.Thank you You Frank i really appreciate you taking your time to help me out and providing me with options..I hope to never have to go through going to court but if it was the case i would defiantly hire Mr Frank!”
He represented me in a manner that was professional and very efficient. Frank does what he does because he has a passion for justice.
“Frank was great to work with. He represented me in a manner that was professional and very efficient. Frank does what he does because he has a passion for justice. I am very appreciative of all that Frank has done for me and I will recommend him to anyone that needs legal representation conducted the ‘right’ way.”