Texas Divorce Process Attorney
free consultation
How the Divorce Process works in Texas
Every marriage is different, and so is every divorce. The process can look very different depending on whether both spouses agree on the terms, whether there are shared assets, and whether children were born or adopted during the marriage. Because each situation is unique, our family law attorneys will tailor their approach to fit your circumstances.
That said, most divorces follow the same basic steps and have similar requirements.
One of the first phases is called discovery. This phase is when all relevant information is gathered to build your case. Our Texas divorce attorneys will work to uncover details about assets, debts, income, and other financial matters to fairly assess how property should be divided. If witnesses are part of the case, this is also the stage where we identify possible candidates and determine who your spouse may call on.
Uncontested Divorce Process
Sometimes, divorcing spouses are able to reach an agreement before going to trial. This is known as a settlement, which is an arrangement made outside of court regarding asset division and child custody. Couples work with their respective attorneys to negotiate terms, allowing them to move more efficiently through the remainder of the divorce process. If you and your soon-to-be ex are on relatively good terms, this route is typically the simplest and most cost-effective.
When a divorce is resolved this way, it’s referred to as an uncontested dissolution of marriage. However, uncontested doesn’t mean both spouses necessarily agreed on everything from the beginning. It just means they were able to reach a compromise through mediation or with the guidance of their legal counsel. Since there’s no need for a trial, an uncontested divorce can often be resolved faster, allowing everyone involved to begin the next chapter of their lives with fewer complications.
Even though uncontested divorces are more straightforward, they still require legal support. The same attorney cannot represent you and your spouse, so you must hire your own Texas divorce lawyer to ensure your interests are fully protected.
Contested Divorce Cases
Contested divorces tend to be more time-consuming and complex, but they’re also fairly common. When spouses cannot agree on certain issues, the court has to step in to resolve the dispute. While prenuptial agreements can simplify matters, most couples don’t have one in place. Disagreements over finances, custody arrangements, and child support are some of the leading causes of contested divorces.
In rare cases, a divorce may go to a jury trial, but it’s far more common for a judge to hear the case and issue the final divorce decree.
If you’re facing a contested divorce, one of the most important steps you can take is to hire an experienced Texas divorce attorney. With a strong legal advocate on your side, you’ll be better equipped to make informed, rational decisions that you won’t regret long after the initial turmoil of the divorce has passed.
Annuling a Marriage
Instead of a divorce, some marriages may qualify for annulment, which is a legal declaration that the marriage was never valid to begin with. Annulments can be granted if one spouse was under 18 when the marriage took place, lacked the mental capacity to consent, or hid a previous divorce. A marriage may also be void if one spouse was already legally married to someone else at the time of the ceremony. While highly uncommon, the annulment of a marriage essentially erases it from a legal standpoint.
Navigating a divorce can be disorienting and emotionally draining, especially if you’re unfamiliar with the legal system. That’s why it’s important to work with a dependable family lawyer in Texas who can guide you with clarity and compassion. If you’re in the Houston, Tomball, Katy, or Sugar Land area, our experienced team is here to help.
