Ending a marriage is never an easy decision for both parties, and it can often involve highly charged emotions as well as tough questions without answers. Some couples will ultimately come across contentious disputes during the dissolution process about various issues including property rights, child custody, and a number of other family law matters.
Even couples who wish to work together to file the necessary paperwork in order to finalize their divorce should fully understand the scope of the decisions they are making. Without a full understanding of certain aspects of the divorce decree, one or both parties could face unexpected consequences that will require additional litigation that will lead to only more costs and stress. Even then, there’s no guarantee any term on the divorce decree will change once it’s finalized and filed despite persistent litigation.
If you’re planning on filing for divorce in the greater Houston area, you should consider hiring knowledgeable and experienced legal representation.
Houston Divorce Lawyer, TX | Harris County & Montgomery County
If you’re considering petitioning for a dissolution of marriage, contact Horak Law. We can preserve your best interests by providing excellent and efficient legal representation from a skilled family law Houston attorney. The legal team at Horak Law has years of family law practice under their belt and treats each client with the utmost care and compassion. We understand how stressful these proceedings can be on you and your family unit, so you can rest assured our team is always available in case you have a burning question or issue that needs to be addressed.
Call Horak Law today at (713) 225-8000 or submit an online contact form to schedule your first consultation. Horak Law has two locations in Houston and The Woodlands, but we also accept clients in Harris County, Montgomery County, Brazoria County, Galveston County, Waller County, Fort Bend County, and Liberty County, Texas.
- What Are the Different Types of Divorce Cases?
- Grounds for Filing Divorce in Texas
- Additional Resources
What Are the Different Types of Divorce Cases?
At Horak Law we handle all types of divorce cases including, but not limited to:
- Contested Divorce –If both parties do not agree on the divorce decree’s terms which includes property division, child custody, etc., then it’s considered a contested divorce. These type of divorce cases are common even if both parties are still civil with one another. Depending on the situation, a settlement may be reached through private negotiations or through a court order.
- Uncontested Divorce – When both parties agree on the terms and conditions of their divorce, then it’s an uncontested divorce. That includes all aspects regarding property division, child support, spousal support, debt allocation, and more.
- Annulment – In order to annul a marriage, one or both parties must question the validity of it. If the marriage fits the criteria listed under Texas law, then one or both parties can annul the marriage. However, in order to annul a marriage in the State it must have occurred in a Texas jurisdiction.
- High Net Worth Divorce – The decision to end a marriage is never easy. However, if one or both parties have accumulated a significant amount of wealth/assets during the marriage—it can be difficult to reach a settlement. It’s also not uncommon for one party to hide assets from the other in an attempt to avoid property division. For high net worth divorces, it’s highly recommended you secure trusted legal representation. They can ensure you receive any assets/wealth you’re entitled to under Texas laws.
- Military Divorce – Even if a Texas resident is serving outside the U.S., they are still considered residents of the State. That means soldiers or their partners are allowed to file for divorce under Texas’s jurisdiction.
Grounds for Filing Divorce in Texas
Texas is considered a “no-fault” divorce state, which means either party reserves the right to petition for a dissolution of marriage based on a conflict of personalities without hope for reconciliation. Divorce in the State of Texas can also be fault-based, which essentially means it was based on certain actions.
The following is grounds for divorce recognized under the Texas Family Code.
- Abandonment – If one spouse intended to abandon the other, then it can be grounds for divorce. In order for it to be considered abandonment the other spouse must be away for at least one year.
- Adultery – If one spouse has sexual and/or emotional relations outside of the marriage, then it would be considered grounds for divorce due to adultery.
- Confinement in Mental Hospital – It can be grounds for divorce if one spouse has been institutionalized at a mental hospital for at least 3 years. The mental disorder the other spouse is struggling with must be of such a degree that adjustment is unlikely, and relapse is very possible.
- Conviction of Felony – The State of Texas does allow one spouse to petition for divorce if the other spouse was convicted of a felony. The felony must have concluded in imprisonment for at least one year and was never pardoned. The court will not grant a divorce for a felony if the other spouse was convicted due to their partner’s testimony.
- Cruelty – When one or both spouses cruel treatment makes continued living together insupportable, then it can be grounds for a dissolution of marriage.
- Insupportability – If both parties’ personalities are in discord and eventually this conflict of personalities destroys the legitimate ends of the marital relationship, then it’s grounds for divorce.
- Living Apart – If both spouses have lived apart for three years, then the court will grant a divorce as the couple has proven they do not want to continue living together.
Harris County Family Courts — This link will give you access to information on the various family courts in Harris County by judge. There are also links to the Texas Family Code and the State and American Bar Association Family law sections.
Divorce | TexasLawHelp.org — TexasLawHelp.org is a website dedicated to providing free, reliable legal information to low-income Texans that is a joint effort of legal aid, courts, and non-profit organizations throughout Texas. On this section of the TexasLawHelp website, you can find various toolkits and articles about divorce. Toolkits include forms, instructions, frequently asked questions and related articles, while some articles include forms.
Divorce Attorney, Houston TX | Dissolution of Marriage, Harris County
If you are thinking of filing a petition for divorce, call Horak Law. Matthew Horak of Horak Law has the skills, resources, and experience needed to take on your case. Both attorney Horak and his talented legal team can provide the necessary guidance and advice you need to achieve the most satisfactory possible outcomes in your final divorce decree.
Let Matthew Horak provide a complete evaluation of your case when you call Horak Law or submit an online contact form to schedule your first consultation.