File for Divorce in Texas
At the Ramos Law Group, PLLC, our attorneys are experienced, reliable advocates for our clients seeking a divorce. With a focus on family law and a commitment to helping people find the right solutions for their specific circumstances, our legal team will go above and beyond to protect your rights and interests. If you have any specific questions about your divorce case, we are here to help. Call us today at 713-225-6200 to arrange your fully confidential initial appointment.
Divorce is Common—But That Does Not Make it Easy
Half of all U.S. marriages end in divorce. If you’re preparing for a split, you’re not alone, but the process remains challenging. Divorce is difficult, confusing, stressful, and emotionally draining. Our divorce specialists can help you navigate these times, protect your rights, and achieve the best outcome.
An Overview of the Divorce Laws in Texas
Divorce May Be Contested or Uncontested: In Texas, divorces can be contested or uncontested. Contested means no agreement on key issues; uncontested means all issues are resolved. Our lawyers handle both types. A contested divorce can become uncontested if a settlement is reached.
Residency Requirement: To file for divorce in Texas, one spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days. For example, filing in Harris County requires a minimum of 90 days residency.
Fault-Based and No-Fault Divorce: Texas allows both fault-based and no-fault divorces. Fault-based grounds include adultery, cruelty, and abandonment, but most divorces are no-fault, citing insupportability (Texas FAM § 6.001).
Community Property State: Texas is a community property state, meaning all property acquired during the marriage is divided in a divorce. This includes assets, debts, and any increase in value of separate property.
Best Interests of the Child: Texas uses “conservatorship” for custody. Courts decide based on the child’s best interests (Texas FAM § 153.002), considering factors like the child’s relationship with each parent, each parent’s ability to provide, and, if old enough, the child’s preferences.
Divorce – Think of the children
Work on being flexible with the other parent.
Uncontested Divorce
The importance of gathering information.
Tip – Filing your original petition
There are several things to gather and consider.
The Process Of Divorce
Initial Filing
After hiring a divorce attorney in a contested divorce, an Original Petition for Divorce is filed on your behalf. Your case is then assigned to a district court in the county in which you live. The Ramos Law Group handles contested divorces in Brazoria County, Fort Bend County, Galveston County, and Harris County. After the Petition is filed, a copy of the Petition is served on your spouse by a process server. If your spouse files the Original Petition, you must file an Answer, as well as a Counter-Petition. It is usually of little legal consequence which party files first.
Temporary Restraining Orders
Our divorce attorneys will also advise to serve a Temporary Restraining Order on your spouse at this time. This is a common practice. A Temporary Restraining Order, or TRO, should not be confused with a criminal protective order, and does not imply any misbehavior by you or your spouse. A TRO is a series of injunctions that require both parties to maintain the status quo.
Both parties are enjoined from making any large or unusual purchases, selling any major assets, destroying any documents that may be relevant in the divorce, and changing the children’s school or daycare among other restrictions. The purpose of the TRO is to prevent one spouse from making any large changes without the consent of the other spouse. Your divorce lawyer at Ramos Law Group will always try to keep the process as simple as possible. Filing a TRO helps to achieve this goal.
Temporary Orders Hearing
If there are any issues that need to be addressed early in the case, for example, if the parties can’t agree who should live in the house, where the children should live, who should pay the bills, a Temporary Orders Hearing may be necessary. At a Temporary Orders Hearing, a judge will hear from the parties and any other witnesses in the case, and make a temporary ruling on issues like use of property, custody, and child and spousal support.
Our Houston divorce lawyers also advise this method to keep emotions at bay and focus on what is legally best for both parties. This ruling is not final, but will only remain in place until the divorce is finalized. Many people are able to come to a temporary agreement without attending court, and several courts require that the parties attempt to mediate before a Temporary Orders Hearing.
Discovery
For many individuals, especially those who have a high net worth estate, discovery is a critical portion of the contested divorce process. During the discovery process both sides are allowed to ask questions and request documents from the other party. Your divorce lawyer will work with you to prepare your documents, as well as review and explain the documents provided by your spouse. This allows a fair division of property as it forces parties to disclose all assets and liabilities.
Mediation
Many courts require mediation as part of the legal process of divorce. During mediation, a neutral third party mediator will help the parties reach an agreement. Your attorney will be present during mediation to protect your interests and help you negotiate effectively. Agreements reached during the mediation process are binding and enforceable.
Once a mediated settlement agreement is signed, neither party can change his/her mind. Thus, the divorce lawyers at Ramos Law Group in Houston take their time to make certain you are fully aware of the permanency of the agreement and approve of all the elements.
Final Trial
In the event the parties cannot reach an agreement, a final trial on the merits will be held. At the final trial all of the issues and evidence will be presented to a judge or a jury for a decision. The attorneys at the Ramos Law Group are experienced trial lawyers who can help you effectively present your side of the story.