Experienced Attorneys to Handle Any Custody, Visitation, Support or Property Dispute
Looking for top-notch divorce lawyers Houston who will prioritize your needs and provide expert legal guidance? Look no further - our team is here to support you through this challenging time.
Making the decision to file for divorce is never easy, particularly if you have minor children in the home. Even when you both agree that the marriage cannot be saved, it’s essential that you have experienced and knowledgeable counsel to protect your legal rights, someone who can:
· Help you put a custody and visitation agreement in place that promotes the best interests of your children, while allowing you to play a meaningful role in their growth and development
· Ensure that any child support order is fair, factoring in all income, as well as any special needs of the child
· Help you determine if alimony or spousal maintenance is necessary, and, if so, whether it should be for a specific period of time or should be permanent
· Work with you to divide marital property and debts in accordance with the community property laws in Texas
We offer a free initial consultation to anyone contemplating or planning on filing for divorce. To set up an appointment with a compassionate and knowledgeable Houston divorce lawyer, contact Bailey & Galyen online or call our offices at 844-402-2992.
Why Do You Need to File a Divorce Complaint?
A marriage is a binding legal agreement. To terminate that contract and no longer be bound by its terms, you must file legal documents with the court, asking that your marriage be dissolved. In the complaint, you want address the following issues, if applicable:
· Child custody and visitation, known in Texas as “managing conservatorship” and “access/possession”—This process determines where any minor children of the marriage will reside, as well as the rights of custodial and non-custodial parents to have time with and/or access to minor children
· The payment of child support—Whether the non-custodial parent will be required to make payments to the custodial spouse for the benefit of minor children, as well as the amount and frequency of such payments
· The potential need for alimony or spousal support—Whether one spouse should provide some level of financial support to the other spouse, and, if so, how much should be paid, how often and for how long.
· How the debts and assets of the marriage will be divided according to the Texas community property laws
How Long Does It Typically Take to Complete a Divorce in Texas?
The length of time it will take to complete a divorce will typically vary, based on a number of different factors, but primarily whether or not one of the spouses seeks to challenge custody, visitation or support agreements, or the division of marital debts and assets. Under Texas law, though, at a minimum, a court may not issue an order of divorce for at least 60 days after the date of the filing of the complaint. Assuming that a divorce is uncontested, it may be possible to finalize it in three to four months. However, when divorce involves any contested issues, it may take months or years to be resolved, based on the complexity of those disagreements.
No-Fault and At-Fault Divorce in Houston—the Differences
There’s no requirement in Texas that a person filing for divorce identify specific grounds for the termination of the marriage—the complaint may simply state “irreconcilable differences.” In such cases, the process will be considered a “no-fault” divorce. Under the law, a person will automatically entitled to file for a “no-fault” divorce if he or she has lived apart from a spouse for a minimum of three years.
If one party to a divorce can successfully show, though, that the other spouse essentially “caused” the breakdown of the marriage, the innocent party may be able to claim a greater percentage of the marital estate.
A “no-fault” divorce should not, however, be confused with an “uncontested” divorce. The parties to an uncontested divorce simply choose not to dispute any issues related to custody, visitation, support and property division. An uncontested divorce may still be based on allegations of fault.
What Grounds May a Party Give for an “At-Fault” Divorce in Houston?
The permissible legal grounds for at-fault divorce in Texas include:
· Adultery or marital indiscretion by the other spouse
· Mental or physical cruelty that makes cohabitation unbearable
· Imprisonment for at least one year on a felony conviction
· Confinement to a psychiatric hospital or institution for at least three years
· Abandonment by the other spouse for 12 months or longer
How Long Before You Can Get Remarried in Texas?
Texas law generally prohibits an individual from remarrying for at least 30 days from the date of the final divorce decree. Judges, however, have some discretion regarding the waiting period and may waive it in certain situations.
What Are the Minimum Requirements to File for a Divorce in Texas?
To qualify to file for divorce in Texas, you must have lived in the Lone Star State for at least six months prior to the filing date of your complaint. Furthermore, you must have been a resident of the county where your divorce complaint is filed for at least three months before the date of filing.
What Have a Lawyer Handle Your Houston Divorce Case?
Don’t think that, just because your divorce is essentially uncontested, you don’t need an attorney to guide you through the process. In fact, even the simplest divorce can involve complex legal issues. If your ex has an attorney and you don’t, chances are good that you’ll get far less than you should—less time with your children, a smaller share of the marital estate, and unnecessary support obligations. Don’t expect, either, that the judge will ensure that your rights are protected.
Your attorney will know what documents need to be filed and they are due, so that critical deadlines are not missed. Your lawyer can also anticipate the tactics and strategies of opposing counsel and take the necessary steps to help fully protect your rights. Your attorney should also review any child support or property settlement order to ensure that your rights are fully protected.
What Should I Look for In a Houston Divorce Attorney?
Hiring the right lawyer to handle your divorce can be the difference between getting the outcome you want and settling for what’s left. Take the time to interview a number of attorneys, so that you find one you can trust and with whom you personally feel comfortable.
Typically, the most important factor when considering legal counsel is the experience they bring to your case. You want an attorney who has handled cases just like yours, who has successfully helped others get the outcome they want. At Bailey & Galyen, we’ve consistently obtained positive results for our divorce clients for more than 40 years.
Need Help with Your Divorce? Schedule a Free Initial Consultation
At the law offices of Bailey and Galyen, with offices across the Lone Star State, we are committed to helping you get the outcome you want. Our phones are answered 24 hours a day, seven days a week. We can schedule an appointment in the evening or on the weekend, if necessary, and can travel to meet with you.
To set up a consultation to discuss your concerns about a divorce, call our offices at 844-402-2992 or contact us by e-mail.
