Divorce Attorneys in Houston

Experienced Representation for Your Divorce in Houston, Texas

At Parchman Law Group, we understand that divorce is a complex and emotionally draining process. We are dedicated to providing high-quality legal services to individuals in Houston and the surrounding areas who are dealing with divorce proceedings.

Our client-centered approach allows us to build cases tailored specifically to your unique situation, considering all of your goals, concerns, and challenges. In doing so, we strive to make the process as smooth as possible while ensuring you get the best outcome for yourself. With our diligence and attention to detail, Parchman Law Group has earned a reputation as trusted lawyers that our clients can rely on throughout their divorce journey.

Thinking of filing for divorce in the Houston, TX area? Discuss your case with our divorce attorneys in Houston in a free consultation. Reach out to our firm by calling (713) 364-0777 or contacting us online today.

Is Texas a Fault or No-Fault Divorce State?

Texas is a "no-fault" divorce state, meaning that spouses do not have to prove fault or wrongdoing when filing for divorce in Texas. The only ground for divorce in Texas is insupportability, which simply means that the marriage is no longer sustainable due to conflicts or differences that cannot be reconciled.

Residency Requirements for Filing for a TX Divorce

If you plan to file for divorce in Texas, at least one party to the divorce must have lived in the state for six months or longer before filing for divorce. Additionally, one of the parties must have lived in the county where the divorce is being filed for at least 90 days preceding the filing date.

How to File for Divorce in Texas

Generally, filing for divorce in Texas involves taking the following actions:

1. Locate your local family court.

   • As we mentioned, you must file in the county where you or your spouse currently reside (and have lived in for at least 90 days).

2. Obtain an attorney.

   • You can opt to hire a lawyer or represent yourself (proceed pro se) when filing for divorce in Texas. However, retaining an experienced Houston divorce attorney is in your best interest. Suppose there is a contentious issue like property division or child custody, or you have other case complexities; an attorney will likely have more experience in navigating cases similar to yours and can help you develop a personalized case strategy.

3. Draft your divorce petition.

   • This petition outlines your marriage's terms and requests the court's intervention to end your marriage. In this petition, you can include details concerning why you want to dissolve your marriage, whether you have children, and how you would like property to be divided.

4. File the initial petition.

   • The next step is filing an Original Petition for Divorce with the court with the appropriate jurisdiction.

5. Have your soon-to-be-ex-spouse served.

   • After filing, you must notify your spouse and have them served with the divorce petition. Typically, you can hire a process server to deliver the court documents to your spouse. Alternatively, the other party can sign and submit an affidavit to the court that confirms they have received the petition.

6. Negotiate the terms of your divorce.

   • After serving your spouse, you must agree on the terms of your divorce. This includes property division, child custody, and spousal and child support. If you and your spouse cannot agree, even after attending mediation or completing other alternative dispute resolution methods, both parties will present their case to a judge. The final determinations will be in the court’s hands. It is important to note that Texas enforces a two-month waiting period before your divorce can be finalized.

7. Finalize the divorce.

   • Once the terms of your divorce are determined, you must present your settlement agreement to the court for approval. Once approved, the judge will sign the divorce decree, and your marriage will officially end.

Common Issues in Divorce

When going through the divorce process, you will find that most every part of your life will be discussed and dealt with. Assets get divided, as are debts, and time with your children, among other things. Some of the most common issues that arise out of a divorce in Houston are:

• Property Division: Texas is a community property state, meaning that all assets acquired by either spouse during the marriage are the property of both spouses, regardless of whether the title to a particular asset is in just one name.

• Taxes: Debts owed to the IRS must be divided in a similar manner as marital assets when a couple divorces.

• Spousal Maintenance/Alimony: Spousal maintenance or alimony may be ordered if there is an imbalance between each spouse’s income and earning capacity.

• Child Custody and Support: The courts will determine what is in the best interests of any minor children, including parental custody rights and visitation as well as child support.

How Is Property Divided in a Divorce in Texas?

The state of Texas follows community property law, which means that all property acquired during the marriage is owned equally by both parties. Texas law divides property into two categories: community property and separate property.

• Community property consists of any assets acquired during the marriage.

• Separate property refers to assets that one spouse owned before the marriage or acquired by inheritance or gift during the marriage.

Couples are encouraged to reach an agreement on how to divide their property, and this agreement must be deemed "just and right" by the court. This means the division should be fair and equitable, considering each spouse's financial situation, earning potential, and age. If a couple cannot agree on how to divide their property, a judge will make the final decision based on Texas community property law.

Common Mistakes to Avoid During a Texas Divorce

Here are five common mistakes to avoid during a Texas divorce:

1. Failing to hire a lawyer or choosing inadequate legal representation. Going through a divorce is a complex and emotional process. Not hiring an experienced attorney can lead to mistakes, such as overlooking crucial details or signing unfair agreements.

2. Not fully disclosing all assets, property, and debts. It is essential to disclose all assets and debts during a divorce, as non-disclosure (or hiding assets) can lead to legal consequences. Make sure you have a clear understanding of your financial situation before starting the divorce process.

3. Letting emotions dictate decisions. Divorce can be an emotional rollercoaster. Decisions made during this time can have a long-lasting impact on your future. Making emotional decisions can result in agreements that may not be the best choice for your financial or personal well-being.

4. Missing deadlines or court appearances. Missing deadlines or court appearances during a divorce case can have significant consequences. Such consequences may include delays in your case, monetary penalties, and/or being found in contempt.

5. Focusing solely on the short-term. It is important to not focus solely on short-term gains during a divorce. Consider the long-term consequences and how decisions made now could impact your future. Make sure you fully understand the implications of any agreement made during the divorce process.

Call Our Divorce Attorneys in Houston for a Free Consultation Today

The divorce attorneys at Parchman Law Group are backed by decades of collective legal experience. Our firm is committed to using that experience to ensure our clients receive the best possible case results, and as such, we are committed to reviewing every detail of your case to better develop a case strategy suited to your goals and needs.

Whether you need help simply filing for divorce in Texas, responding to a petition, negotiating the terms of a property division settlement, or handling another divorce-related matter, you can trust Parchman Law Group with your case. Known for being diligent and aggressive, our attorneys:

• Are available to our clients 24/7

• Offer free initial consultations

• Speak English, Farsi, and Spanish

The process of getting divorced in Houston can be difficult and stressful when faced alone. Please, contact our experienced divorce attorneys in Houston to set up your free consultation. Begin the process by calling (713) 364-0777 or contacting us online now.