Divorce is a life-changing event that can come with its own set of challenges. Whether it’s about the emotional toll or the legal steps involved, it’s important to be informed before taking that first step.
For those considering divorce in Texas, consulting with a divorce lawyer can make a significant difference. Located in Houston, Texas, The Okoh-Brown Law Group, PLLC is here to help. Understanding the process, your rights, and what to expect along the way can help guide you through the proceedings with clarity and confidence. Contact the firm today to get dedicated legal representation and personalized legal advice.
The Grounds for Divorce in Texas
Texas is a no-fault divorce state, meaning a person doesn't have to prove wrongdoing by their spouse to file for divorce.
The most common ground for divorce is "insupportability," which means the marriage can’t continue due to conflict or disagreement that can't be resolved. However, there are also fault-based grounds, including adultery, cruelty, and abandonment.
A divorce lawyer can help you determine which grounds might be applicable to your situation and whether it’s better to file for a no-fault or fault-based divorce. A fault-based divorce can sometimes lead to a more favorable outcome, particularly when it comes to dividing property or making child custody decisions.
Choose the Right Divorce Lawyer for Your Case
Partnering with a reputable divorce lawyer is one of the most crucial decisions to make during the divorce process. The lawyer you choose will play a pivotal role in advocating for your rights, guiding you through the legal process, and working to secure an ideal outcome for you and your family.
When searching for an attorney, it’s essential to find someone who has experience in family law and is familiar with the Texas legal system. You should look for a lawyer who understands your specific needs, whether it’s negotiating child custody, spousal support, or asset division.
Ask about their experience with divorce cases similar to yours and how they plan to approach your case. A skilled divorce lawyer can help you feel more at ease, especially if you're unfamiliar with the legal proceedings.
Consider Child Custody and Support Issues
If you have children, one of the most pressing issues in a divorce is determining child custody and support arrangements. In Texas, the courts will focus on what’s in the best interest of the child when making these decisions. A divorce attorney can explain how the courts approach child custody and help you understand your rights and responsibilities as a parent.
Texas courts generally favor joint custody, but if one parent is unable to provide a stable environment, sole custody may be awarded. In addition to custody, child support will likely be an issue, and the amount of support owed is calculated based on factors like income and the number of children involved.
A divorce lawyer can also assist with modifying existing custody or support orders if circumstances change in the future.
Property Division in a Texas Divorce
In Texas, property division is governed by the principle of "community property," meaning that most property and debts acquired during the marriage are divided equally between the spouses. However, property owned before the marriage or inherited during the marriage may be considered separate property and not subject to division.
Dividing assets often includes things such as:
Homes
Cars
Retirement accounts
Personal property
This can be a complicated process. Your lawyer can help make sure the division of assets is fair and that you're not left with more than your share of debt.
Additionally, if either spouse owns a business or has complicated financial interests, your attorney can assist in determining how those assets will be divided and help assure proper valuation.
Spousal Support or Alimony
Spousal support, also known as alimony, isn’t automatically awarded in Texas, but it can be requested in certain circumstances. Generally, spousal support may be granted if the spouse seeking support is unable to support themselves due to illness, or disability, or if they’ve been married for at least 10 years and can’t support themselves due to the other spouse’s actions.
The amount of spousal support can vary depending on the circumstances, and a Texas divorce lawyer can help determine whether spousal support is appropriate for your case and what amount you might be entitled to.
It's important to discuss this with a spousal support lawyer early in the process to understand your potential rights and obligations.
Mediation and Settlement Options
In many divorce cases, couples can avoid the stress and expense of a trial by choosing to mediate. Mediation involves both spouses working with a neutral third party to come to an agreement on various issues, such as property division, custody, and support.
A divorce lawyer can guide you through the mediation process, helping you prepare for the discussions and making sure that any agreement reached is fair. If mediation isn't successful and the case goes to court, your lawyer will be by your side to represent your interests and work toward the best possible resolution.
It's always a good idea to explore settlement options early on to avoid the time and cost of a trial, but it's equally important to have a lawyer who will fight for you if going to court is necessary.
Be Prepared for the Emotional Impact
Divorce isn’t just a legal matter; it’s also an emotional one. Regardless of the circumstances, the end of a marriage can bring feelings of grief, anger, or even relief. It's important to acknowledge these emotions and allow yourself time to heal.
Having a divorce lawyer who understands the emotional strain of the process can help. They can provide guidance not only on the legal aspects but also on how to cope with the personal changes that come with divorce.
Consider seeking professional support from a therapist or counselor who can help you manage the emotional impact of the divorce. Support from family and friends can also play a crucial role in helping you move forward.
Timing Is Key
Timing can play a role in the divorce process. From the moment you file for divorce to the finalization of the divorce decree, the timeline can vary depending on the intricacies of the case.
In Texas, a divorce can be finalized in as little as 60 days from the date of filing. However, if there are disputes over custody, property division, or other issues, the process can take longer.
A divorce lawyer can provide knowledge about the typical timeline for your case and help you understand how long each stage of the divorce might take. While waiting for the case to be resolved, it’s important to stay patient and focused on taking care of yourself.
Protect Your Future
After the divorce is finalized, it’s important to take steps to protect your future. This can include updating your will and estate plan, changing beneficiaries on life insurance policies, and adjusting your financial accounts.
A divorce lawyer can assist you in understanding what changes need to be made legally after the divorce is complete. You may also want to work with a financial advisor to get a better sense of your post-divorce financial situation.
Get in Touch With a Divorce Lawyer Today
Filing for divorce is never an easy decision, but understanding the process and your rights can make the journey more manageable. By working with an experienced divorce lawyer in Texas, you can work through the legal challenges of divorce with confidence and clarity.
The Okoh-Brown Law Group, PLLC serves Houston, Texas, as well as throughout Texas, including Houston, Dallas, Fort Worth, San Antonio, El Paso, and beyond. Contact the firm today.
