From uncontested divorce to high-conflict custody battles, our dedicated team of family law lawyers in Texas provide skilled, comprehensive legal services. Whether our attorneys utilize mediation or advocate for our clients by going to trial, we have the knowledge and experience to compassionately guide you through the whole process.
At Laura Dale & Associates, we will work hard to find the right solution for your family’s concerns or issues. With more than 30 years of combined experience, our divorce attorneys are prepared to advise you on important matters like divorce, custody, child support, paternity, modifications, family violence and all other aspects of family law.
We believe that family is everything, and we are ready to use our skills to provide you with an individualized service from the beginning of your case to the very end. To speak with one of our divorce attorneys, call our Houston office at 713-574-7952 or contact us online.
Our firm’s founder, Laura Dale, is board certified in family law by the Texas Board of Legal Specialization. She is a Fellow of the International Academy of Family Lawyers as well as a USA Delegate on the Board of Governors of that organization.
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What Is Divorce In Texas?
Divorce is a legal process of formally ending a marriage. In Texas, married couples can file for “no-fault” divorce, helping them proceed with their intentions without needing to discuss their personal affairs to prove which spouse was at fault.
To file for a Texas divorce, one of the spouses must have lived in the state for the last six months or longer. The “petitioning spouse” must also live in the same county where their divorce was filed for the last 90 days or longer. After this initial step, they will need to serve their spouse with a copy of their divorce papers through a third-party; which may be a private process server or a sheriff.
During this process, the “responding spouse” will have a deadline to submit their answer to the court. If they cannot provide an answer on time, the court may proceed with the divorce case without their input.
What Is The Difference Between A Contested Divorce And An Uncontested Divorce?
If you are thinking about initiating a divorce in Texas, here is a short summary of the two most common types of divorces, along with their differences:
- Contested divorce: If you file for a contested divorce, this means that you and your spouse have differing opinions and views about your divorce. Since your divorce disputes cannot be resolved amicably, they will need to be litigated through the court system.
- Uncontested divorce: If you file for an uncontested divorce, this means that you and your spouse both agree on the terms of your divorce. Because of this, you can effortlessly create a divorce settlement agreement with your respective lawyers and present the completed document in court.
Since each family’s situation is unique, the type of divorce you choose will depend on your personal relationship with your spouse, and how you or the both of you want to move forward with your dissolution of marriage.
Who May File For A Divorce In Texas?
Under Texas law, either spouse can initiate a divorce as long as state residency rules are met. A spouse may file even if the other party does not agree to end the marriage, because Texas recognizes no‑fault divorce based on “insupportability.” This applies when conflict has made the relationship unworkable and there is no reasonable expectation of reconciliation.
A spouse may also pursue a fault‑based divorce when issues such as cruelty, adultery, abandonment, felony conviction or long‑term separation exist. These grounds require evidence and can influence how a court divides community property. While most cases proceed under no‑fault principles, fault‑based claims are available if a spouse seeks to demonstrate that spousal misconduct contributed to the breakdown of the marriage.
Texas courts permit either the petitioner or the respondent to meet the residency requirements. In other words, a spouse who recently moved to Texas may still file if the other spouse has lived in the state long enough to establish legal domicile. This flexibility empowers families with changing circumstances, including those affected by employment or relocation, to access the Texas divorce system.
Basic Requirements For A Divorce In Texas
State courts grant a divorce only when specific residency and procedural requirements have been met. At least one spouse must have lived in Texas for the preceding six months and in the county of filing for at least ninety days. Only one spouse must meet these requirements, which is helpful when the parties live in different locations.
A mandatory 60‑day waiting period from the date the petition is filed is also required before a divorce can be finalized, except in limited cases involving family violence. The waiting period applies even in uncontested cases. It reflects the state’s interest in giving both spouses sufficient time to consider the legal and financial consequences of ending the marriage.
Texas is a community property state, which means marital assets and debts are divided in a manner the court considers just and right. While this does not guarantee an equal split, it helps ensure that the division reflects the circumstances of the marriage and the needs of each spouse. Our team can guide you through the requirements and help build a divorce case supported by a clear legal strategy.
Offering Comprehensive Representation
No matter how complex the case, we have the experience and expertise to help. Attorney Laura Dale has a master’s degree in psychophysiology and a doctorate in neuroscience, allowing her to work closely with doctors and other professionals in cases involving mental illness or substance abuse. Additionally, her business background is valuable in high net worth divorce cases, complex property division and any case in which high-level negotiation skills are indispensable.
We have had success with many challenging, high-conflict cases that are beyond the scope of other law firms. Utilizing a team approach to cases and a high-tech office with the most up-to-date Internet and communication tools, we can help you with Texas family law cases involving:
- Planning for divorce ahead of time
- Uncontested divorce cases
- High asset divorce for physicians, accountants and others
- High-profile divorces and family law matters
- Military divorce cases and parenting time concerns
- Finding financial stability after divorce
- Dealing with mental health concerns
- Filing bankruptcy after divorce
- Spousal support or alimony payments
- Dividing assets and debts in divorce
- Annulling a marriage
- Obtaining temporary orders during divorce
- Child support orders
- Child custody/access orders
- Relocating to a different state or country
- Changing your name for various reasons
- Making modifications to existing court orders
- Prenuptial and postnuptial agreements
- Obtaining protective orders for domestic violence
- Establishing paternity or fatherhood
- Same-sex divorces and other issues
- Appealing family law cases
- Pursuing mediated settlements or precourt settlements
- ADR methods such as mediation or collaborative law
With four attorneys who are board certified in family law by the Texas Board of Legal Specialization, as well as certified mediators and collaborative law attorneys on staff, our firm has virtually unmatched qualifications and skills in family law. We understand Texas laws in detail. We invite you to discover how we can help you and your family.
The Grounds For Divorce In Houston, Texas
Texas law allows spouses to seek divorce based on either a “fault” or “no-fault” basis. Most divorces in Houston proceed under no-fault grounds, meaning neither spouse is required to prove wrongdoing to legally end the marriage. The most common no-fault ground is insupportability, which refers to conflict or discord that destroys the legitimate ends of the marriage and makes reconciliation unrealistic. This option allows spouses to move forward without airing personal grievances in court.
Fault-based divorces are, however, still available and may be relevant in certain cases. These include cruelty, adultery, abandonment, living apart for at least three years, confinement in a mental hospital under specific conditions and conviction of a felony with imprisonment for at least one year.
Choosing a fault-based divorce can affect issues such as property division and spousal support, particularly when one spouse’s conduct contributed to the breakup of the marriage. Determining which grounds to assert requires careful consideration of both legal strategy and long-term consequences.
Understanding The “Just And Right” Standard In Texas Divorce
Texas follows a community property system, but that does not mean marital assets are automatically divided equally. Instead, courts are required to divide community property in a manner that is just and right. This standard gives judges flexibility to reach a fair outcome based on the unique facts of each case rather than defaulting to a strict 50/50 split.
When applying the just and right standard, courts may evaluate many factors. These can include the reasons for the breakup of the marriage, disparities in income or future earning capacity, the age and health of each spouse, and which parent will have primary custody of the children. Judges may also consider whether one spouse committed fraud on the community estate such as hiding assets or wasting marital funds. The goal is to reach an equitable result that reflects both the financial realities and the overall fairness of the situation.
It is important to understand that this standard applies only to marital property. Separate property, such as assets owned before marriage, inheritances or gifts received by one spouse, is not subject to division and must be confirmed as belonging solely to that spouse. Disputes often arise over whether property is truly separate or has been commingled with community assets, which can complicate the division process. Because the just and right analysis is fact-specific, outcomes can vary widely from case to case.
Frequently Asked Question About Divorce In Texas
You probably have many questions about dissolving your marriage. Our team has the answers to help you understand your rights and learn about the process. Below, we have answered some of the most common questions we hear from our prospective clients.
How long does the divorce process take in Texas?
In theory, you can get a divorce 60 days after the paperwork is filed. In practice, most divorces take six months to a year to finalize.
Because every divorce is different, the length of time it takes to get through your divorce may vary considerably. If you have few assets and your divorce is uncontested (meaning you and your spouse can agree to all the terms), you will get through it quickly. If you have complex assets or there are contested issues that require litigation in front of a judge, your divorce will probably take a bit longer. An attorney can often give you a clearer idea of how long you can expect your divorce to take once you have had an initial consultation.
How is property divided in a divorce?
Texas is a community property state, so almost all property (with some exceptions for inherited property and assets carved out through premarital and post-marital agreements) acquired after marriage is considered marital property.
While a 50/50 split is generally presumed to be fair, that division is not automatic. The courts are required to a “just and right” division of property, so the specific circumstances of your case can influence the split. Some of the factors that can influence the division of marital property and debts include things like the relative age and health of both spouses, each spouse’s earning capacity and the contributions each has made to the marriage (financially and otherwise).
Can I still file for divorce if my spouse is in another state or country?
Yes, you can still file for divorce in Texas even if your spouse lives in another state or country – so long as you have resided in this state for at least six months. Assuming that you file for divorce first, the Texas court will still have jurisdiction, or authority to hear the case.
What is an uncontested divorce?
An uncontested divorce is a divorce in which the spouses agree on how to resolve issues such as asset division, alimony and child support. Generally, uncontested divorces do not require a trial.
What happens if my spouse doesn’t want a divorce?
If your spouse does not agree to a divorce, you will have to file for divorce on your own and have them served the paperwork.
What are the steps for filing for divorce in Houston?
To file for divorce in Houston or elsewhere in Harris County, you need to:
- Fill out the divorce petition.
- File the paperwork with your local courthouse and pay the fee.
- Serve or have another party serve the papers to your spouse.
- Wait the mandatory 60-day period, then receive your hearing date.
- Negotiate a settlement with your ex, if possible.
- Attend the hearing and receive a judge’s order.
You must also have lived in the county for at least 90 days and lived in Texas for at least six months before filing.
What are the benefits of working with a divorce attorney?
The law regarding divorce is immensely complicated. You are already facing so much stress in your personal life that having a lawyer to guide you is immensely helpful. Your attorney can also protect your rights and ensure your ex does not take advantage of you.
Do you have more questions? Do not hesitate – reach out to us for more answers.
Reach Out With A Trusted Divorce Law Firm Today
You may call our Houston law firm, Laura Dale & Associates today at 713-574-7952 to schedule a consultation with one of our skilled family law attorneys.