Taking the First Steps in a Divorce Proceeding in Houston

Posted May 29, 2014 by Mary E. Ramos | Divorce

Different states have varying policies when it comes to divorce. There are some states that recognize all property and income earned by a married couple as belonging equally to both of them, and Texas is one of those states. This is what is known as community property state. Regardless of whose name is on the deed or ownership papers, both spouses have equal ownership of most assets acquired during the marriage, with certain exceptions. If you want to protect your assets, it is very important to talk to a divorce lawyer in Houston, Texas.

Determining Separate Property

During divorce proceedings, the court presumes that all assets are community property. If certain property is yours and only yours, it will be necessary to prove that it is separate property – not community property. Separate property includes, but is not limited to, the following:

• Property that was previously owned by the spouse before the marriage
• Property that was acquired by gift or inheritance
• Certain kinds of recoveries for personal injuries

Naturally, you are going to need to prove that your separate property is indeed yours. This can be difficult if you are not familiar or cAlthough going through a divorce is easy, sometimes divorce is the best decision for you and your family. If you reach a point when you realize that remaining in your marriage is only going to be detrimental to your life, it may be necessary to take steps to legally end your relationship. While this may be a daunting prospect, you can take comfort in the fact that a divorce lawyer in Houston, TX can walk you through the entire process.

Prepare Yourself

Before you contact a divorce lawyer in Houston, TX, you should make sure that you know what a divorce entails, what to expect, and what the requirements are in the state of Texas. You should also start thinking about what you want your life to look like once the divorce is final. Once you are confident that you are ready and able to complete the divorce proceedings, you should contact a reputable attorney in the area. This guide will help you to understand what is needed to take the first steps in a divorce and what to expect along the way.

Residency Requirements

Before you even considering filing for divorce with a divorce lawyer in Houston, TX, you need to be positive that you are doing it in the right place. There are several residency requirements that must be met prior to filing, so be sure that you qualify before you waste any time or money. First, you need to have lived in the state of Texas for at least 6 months prior to filing for divorce. Second, you need to have lived in the same county that you currently reside in for at least 90 days. You should file for divorce in the county in which you reside.

Grounds for Divorce

Now that you have established that you are legally able to file for divorce where you live, you need to prove that you have a valid reason. This is very easy, because Texas recognizes no fault divorce. Simply wanting to be divorced is enough. There are 7 grounds for divorce in Texas. A no-fault divorce can be determined if the grounds for divorce is insupportability, which simply means that both parties are unable to continue living together because of a disagreement that cannot be resolved, a conflict of personalities, or anything along those lines. Additionally, a divorce may be the fault of the other spouse if the grounds are cruelty, adultery, conviction of felony, abandonment, living apart, or confinement in a mental hospital.

Filing and Serving

Once you have determined that you meet the basic requirements for a divorce, it is time to file the petition in a Texas family law court. As the petitioner, you are responsible for serving the petition to your spouse, who is referred to as the respondent. If the two of you are on amicable terms, it may be possible to bypass service in order to save time and money. There are specific rules regarding service so it is  important to speak with a Houston divorce lawyer to make sure service is proper. If service is improper, the judge may not grant your divorce until your spouse has been properly served.

You Don’t Have to Take the First Step Alone

Taking the first step is usually the hardest part, and thankfully a good divorce lawyer in Houston, TX can offer you professional support and advice. Ramos Law Group, PLLC is well-respected in the Houston area, and you can be sure that we will give you the expert attention that you deserve. We have years of experience helping people to take that first step towards a better life, so call us today.omfortable with the legal system. Having a divorce lawyer in Houston, TX on your side is going to drastically improve the chances of getting the desired results. You should never attempt to go into a legal situation without proper representation and consultation – especially when your assets are at stake.

Tangible and Intangible Property

There are many different types of assets that will need to be divided. The most common are houses, personal property like jewelry, clothing, furniture, and other physical goods, as well as intangible property like benefits, dividends, and income. Splitting community property can also means equally splitting debt. This can be a daunting revelation for many spouses who did not realize that debt even existed. That is why it is so important to have a divorce lawyer in Houston, Texas to help you to prove ownership (or lack thereof) of community and separate property.

Spousal Support

In addition to splitting assets, it may be necessary for one spouse to pay spousal support to the other. Spousal support sometimes occurs when one spouse earns more income than the other, and divorce would cause the spouse seeking support to no longer be able to support their basic needs. The court will consider many different factors to determine with spousal support, often referred to as alimony, is appropriate. Again, the right divorce lawyer in Houston, Texas will be able to help you receive or keep what is rightfully yours during this trying time.

Protect Your Property with a Reputable Attorney

Divorce proceedings can be difficult, overwhelming, and quite complex. Attempting to navigate these harsh channels on your own can be quite costly. As you go through these changes in your life, it is essential that you have proper legal counsel. Ramos Law Group, PLLC has the skills and expertise to help you every step of the way. Don’t let divorce get the best of you – call Ramos Law Group, PLLC today.

Last Updated on October 4, 2019 by Mary E. Ramos