When you’re facing the end of your marriage, it’s normal to feel overwhelmed, anxious, and uncertain about the future. Divorce is a life-changing decision that affects every aspect of your life, from your finances and property to your relationships with your children and loved ones.
You may be wondering how to get through this while protecting your rights and laying a solid foundation for your new chapter in life.
At Dodson Law Firm, PLLC, our Houston divorce lawyers are here to provide you with the guidance, advocacy, and experience you need to achieve the best possible outcome. Whether you’re seeking an uncontested divorce, navigating a high-conflict separation, or dealing with complicated property division and child custody issues, we’ll help you find solutions that align with your goals and values.
Couples considering a divorce should know the legal requirements and steps for filing a dissolution of marriage petition in Texas.
At least one spouse must have been a resident of Texas for a continuous six-month period and living in the county where the action is to be filed for at least 90 days.
Texas allows for both no-fault and fault-based divorces. In a no-fault divorce, neither party is responsible for the fact that the marriage did not work out. The family court does not require either party to prove wrongdoing, and either spouse can dissolve the marriage based on irreconcilable differences. No-fault divorces are the most common type of divorce in Texas.
In Texas, fault-based divorces are an option for couples. In this case, the person filing for divorce will allege that their spouse has specifically done something to make the marriage no longer work. Fault-based divorce can have an impact on child custody issues as well as the “just and right division” of marital property.
Fault-based grounds for divorce in Texas include:
When filing for a fault-based divorce in Texas, the filing spouse must prove their spouse is responsible for the end of the marriage. At-fault divorces in Texas usually take longer than no-fault divorces because there are more opportunities for disagreement during the case.
The key steps in the divorce process include:
Once you file a petition, Texas has a mandatory 60-day waiting period before the court can finalize the divorce.
The divorce lawyers at the Dodson Law Firm, PLLC, will walk you through each step, ensuring your rights are protected and you have the information and support you need to make informed decisions.
Your divorce path will depend on whether you and your spouse can agree on dissolution terms, including property division, child custody, and support issues.
An uncontested divorce occurs when both parties agree on all matters. Similar to no-fault divorces, this dissolution type allows the couple to create an amicable plan for resolving child custody, asset division, and other divorce matters without assigning blame to either party.
Uncontested divorces are generally faster, less expensive, and less stressful than a contested divorce because the couple works together to reach an agreement on the terms of their separation.
When the spouses cannot agree on one or more essential issues, expensive litigation becomes necessary to resolve the disputes. When you and your spouse reach a standstill, the Dodson Law Firm, PLLC, advocates for your family’s interests in court.
However, your legal counsel will always strive to resolve divorce disputes through negotiation and mediation whenever possible, as this approach often leads to more satisfactory outcomes and helps preserve meaningful family relationships.
Divorce involves more than just legally ending a marriage. It also requires resolving several issues impacting your and your children’s lives.
Texas is a community property state, meaning the courts will consider all assets and debts acquired during the marriage to be owned equally by both spouses. Texas family court tries to make an “equitable” or “just and right” division when dividing marital property, taking into account factors such as:
Sometimes, you can declare separate property (such as inheritances or assets owned before the marriage). However, by “clear and convincing evidence,” you must prove that the assets are not part of the marriage estate. If unsuccessful, the courts deem the assets community property, subjecting the assets to a “just and right” division, which, most commonly, is an equal distribution.
Our state considers child custody a conservatorship, and its primary concern is always the child’s best interests.
There are two types of conservatorship in Texas divorce proceedings:
Our family law attorneys work closely with clients to develop parenting plans to prioritize the child’s well-being and foster healthy relationships with both parents.
Houston family court judges determine child support based on state guidelines, considering each parent’s income, the number of children involved, and the custody arrangement, including the possession and access schedule for each parent.
The Dodson Law Firm, PLLC, can help establish, enforce, or modify child support orders to ensure your children’s financial needs are always met.
Sometimes, one spouse may be eligible for spousal maintenance (alimony) after a divorce. Eligibility for spousal support in Texas depends on several factors.
Our family law firm knows your spousal support rights and obligations under the Texas Family Code and will advocate for a fair arrangement, considering your unique circumstances.
Divorce proceedings are complex and involve many court deadlines and legal procedures. By hiring a skilled divorce attorney, you can benefit from:
The Dodson Law Firm, PLLC, guides you through every aspect of your divorce, from the initial filing to the final decree. In every case, we take a personalized approach, ensuring we meet your unique needs and goals.
Most Houston divorces require an experienced family law attorney to become involved as early as possible. Dodson Law Firm, PLLC offers initial consultations, which are case evaluations meant to help you understand your rights, options, and the best path forward for your family’s needs.
During your case evaluation, you’ll have the opportunity to discuss your dissolution with a knowledgeable family law attorney who can provide personalized advice and answer any questions. The Dodson Law Firm, PLLC, will listen to your story, assess your needs, and develop a tailored legal strategy that prioritizes your and your children’s best interests.
Don’t take on divorce alone. Contact Dodson Law Firm, PLLC, today to get started.
The length of a Houston divorce depends on several factors, including the case’s complexity and whether it’s contested or uncontested. At a minimum, there is a 60-day waiting period from when you file the dissolution petition until the courts will finalize the divorce. Uncontested divorces are often finalized shortly after this waiting period, while contested divorces may take several months or longer to resolve.
The courts consider all assets and debts acquired during the marriage to be owned equally by both spouses. The court divides marital property and debts based on the “just and right division” principle, considering factors such as each spouse’s earning capacity, the health and age of both parties, child custody arrangements, and any fault contributing to the marriage breakdown.
In Texas, joint custody (joint managing conservatorship) generally means that both parents share decision-making responsibilities and have equal access to the child. Sole custody (sole managing conservatorship) means that one parent has the exclusive right to make decisions regarding the child’s upbringing, while the other parent may have visitation rights.
Family court judges base child support on a percentage of the non-custodial parent’s net income and the number of children involved.
The state’s guidelines are as follows:
Family courts do not automatically award spousal maintenance (alimony) in Texas divorces. Among factors to be considered in awarding spousal maintenance is whether the party seeking spousal maintenance has been employed in the past, is employable, has the education or experience to seek employment, and/or has sufficient personal assets to provide for their “minimum reasonable needs.” Additionally, a court may consider one of the following criteria:
While it is possible to file for divorce without an attorney, we highly recommend you seek legal guidance, especially if you have minor children, a disabled adult child, significant assets, or a complex case. A skilled divorce lawyer can protect your rights, help you deal with legal disputes, and advocate for your best interests throughout the process.
Get answers to these questions and more from our experienced team. Whether you’re dealing with a personal injury or a family law matter, we’re here to provide clarity and direction.
