Filing for Divorce in Montgomery County, TX

Legal Divorce Help in The Woodlands & Houston

Whether papers have already been filed or you are considering your options, choosing the right lawyer to represent you in your divorce is essential. At Parchman Law Group, our experienced family lawyers handle the many complex issues that can arise during the divorce process. When you hire our firm, you can rely on us to assist you with important decisions. If you have children with your spouse, we help you stay focused on making decisions that support their best interests.

What Are the Grounds for Filing for Divorce in Texas?

Texas law allows marriages to be dissolved on no-fault grounds, so couples may agree to divorce. When one spouse has committed adultery, cruelty, abandonment, or another fault, courts may grant a divorce on fault grounds as well.

Each divorce case is unique, and no two situations are exactly the same. Our firm delivers a personalized approach to every client. Divorce may be logistically and emotionally challenging, so we answer your questions and guide you through the process. If a complex issue arises, you can trust that we are prepared for a wide variety of family law matters.

Reasons Why You Need a Lawyer for Divorce

Divorce is a major decision, made more difficult by the emotions and financial concerns that arise as your relationship changes. These complexities make it wise to consult with an experienced divorce attorney. Even in an amicable situation, the outcome can affect you for years—and you want to be prepared. 

Here are the five reasons you need to hire a lawyer for your divorce:

• Kids. Children depend on you to create a stable environment after divorce. You need clear agreements about custody, visitation, and possible moves, especially when new partners enter the picture or blended families are involved.
• Financial security. Regardless of how cooperative your breakup may be, unwinding shared finances requires careful planning. 
• The power of the co-sign. Joint accounts, shared leases, jointly owned cars, and even beloved pets all require fair division. We guide you through the paperwork so you feel confident about the division of assets and debts.
• Clarity and conclusiveness. Divorce is the close of a chapter, and emotions can cloud judgment. 
• Avoiding the delays. Timely and correct filing of documents prevents unnecessary delays in court proceedings. 

Divorce Mediation vs. Litigation: Choosing the Right Path in The Woodlands

Couples facing divorce in The Woodlands often choose between mediation and formal courtroom litigation. Mediation provides a structured, private setting that allows both parties to communicate and resolve disagreements outside of court. This process can reduce stress, save time, and help manage legal fees. Many families in Montgomery County choose mediation because it gives them more flexibility to discuss parenting, property division, and support. Both parties keep control over key decisions instead of leaving them to a judge.

Litigation, on the other hand, follows court procedures when spouses have major disagreements or safety concerns. In these cases, a judge reviews the evidence and decides unresolved issues. Litigation can take longer and includes court appearances, but sometimes it is the most effective approach if communication breaks down. Our team helps clients assess which strategy—mediation or litigation—best fits their needs. By considering your family’s circumstances and goals, you will know what to expect in The Woodlands and Montgomery County courts.

Contested vs. Uncontested Divorce: What to Expect in Montgomery County

Divorce cases in Montgomery County proceed as either contested or uncontested. An uncontested divorce means both parties agree on property, custody, and support. This simpler process often moves quickly, with the court finalizing agreements after a brief hearing. Many couples in The Woodlands choose an uncontested divorce to minimize legal fees and resolve issues privately.

In a contested divorce, spouses disagree about important issues, and negotiations or court hearings are required to resolve them. Common disputes include property, debts, alimony, and child care arrangements. Contested cases usually involve multiple court dates, document exchange, and presentations to a judge. This process can take longer, but it gives both sides a fair chance to present their perspectives and protect their interests. We walk our clients through each step so they fully understand the timeline and requirements in Montgomery County courts.

The Steps of Filing For Divorce in Texas

First Step

Texas has several courts, but you must file in the family court located in the county where your spouse currently lives. That person must have resided in the county for at least 90 days. To file for divorce in Texas, either you or your spouse needs to have lived in the state for at least six months. Once you find the correct court, you can start the process.

Second Step

Next, prepare the petition for divorce that you will submit to the court. This original petition explains why you want to end your marriage. List any children and property shared with your spouse. File the petition and two copies with the county District Clerk, which may require a fee.

Third Step

After filing, you must notify your spouse through service of process. You can hire a process server or obtain a waiver of citation if your spouse agrees. With a waiver, your spouse confirms they received the petition, eliminating the need for affidavit service by a process server.

Fourth Step

A required waiting period gives you time to reach agreement on key terms. In Texas, the judge waits at least 60 days before intervening in negotiations. Use this period to settle property, alimony, support, and custody issues. If both parties cooperate, most issues can be resolved without further hearings.

Fifth Step

When negotiations wrap up, both sides draft the “Final Decree of Divorce.” This document records all agreements reached during the waiting period. The court administrator may decide whether the judge needs to review or sign the decree.

Sixth Step

Your final hearing is scheduled by the district clerk’s office. At this hearing, a judge reviews the agreements and, if both spouses agree on the major issues, may only ask a few questions before signing the final order. The hearing is the last step toward closing your divorce and moving forward.

What to do if Served Divorce Papers

If you have been served by your spouse, follow these steps right away:

• Read the papers as soon as possible and note the deadlines.
• Talk to a divorce attorney who can explain the process in detail.
• Decide how to respond—either by filing an answer or by petitioning with a counter.

Is There a Deadline to File an Answer?

If you have been served divorce papers, you have about 20 days to respond. If you do not reply, your spouse may finalize the divorce without additional notice. Courts call this a "default judgment."

Contact Parchman Law Group Now for a Consultation

Divorce is never a simple or emotionless process, even if you are pursuing an uncontested divorce. No matter your circumstances, Parchman Law Group is ready to help you at every step. We know the emotional turmoil and difficult choices you may face. Our attorneys focus on protecting your best interests while helping you achieve your goals.