Divorce Lawyer in Houston

Helping Clients Get Positive Outcomes

Ending a marriage is never an easy decision for both parties, and it can often involve highly charged emotions and tough questions without simple answers. Some couples will encounter contentious disputes during the dissolution process about various issues, including property rights, child custody, and 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 leads to 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 plan on filing for divorce in the greater Houston area, you should consider hiring knowledgeable and experienced legal representation. The experienced attorneys at Horak Law are prepared to help you overcome the challenges that could arise during your Texas divorce. We have a deep understanding of Texas law and an unrelenting commitment to our clients. You can reach us at 713-422-2652 to schedule your free case review. Call today to take the first steps toward making a fresh start!

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 include property division, child custody, etc., then it’s considered a contested divorce. These types 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 spouses agree on the terms and conditions of their divorce, it’s an uncontested divorce. That includes all aspects regarding property division, child support, spousal support, debt allocation, and more.
• Annulment—To annul a marriage, one or both parties must question its validity. 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 – Deciding 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 extremely 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, securing trusted legal representation is crucial. They can ensure you receive any assets/wealth you’re entitled to under Texas law.
• 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.

What Are 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 are grounds for divorce recognized under the Texas Family Code:

• Abandonment—If one spouse intends to abandon the other, it can be grounds for divorce. In order for it to be considered abandonment, the other spouse must have been 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 a Mental Hospital – It can be grounds for divorce if one spouse has been institutionalized at a mental hospital for at least three 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.
• Felony Conviction – 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. However, 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, 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 this insupportability may be 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.

What Does the Divorce Process in Texas Look Like?

The truth is that the divorce process can look different depending on the couple’s circumstances and ability to agree on important decisions. In an uncontested divorce, the divorce settlement is reached quickly since both spouses agree on each vital aspect of the divorce case. However, in contested divorces, matters can drag on as the couple fails to reach an agreement on questions of child support, asset division, spousal maintenance, and more.

Typically, divorce proceedings occur as follows:

• Identifying whether the divorce is a no-fault divorce or a fault-based divorce – The kind of divorce can affect how the settlement is reached. For example, if the parties are in agreement, the couple may avoid the complexities of a contested divorce. Some examples of fault-based divorces include those based on infidelity or domestic violence.
• Submitting divorce papers with the proper authority – In some cases, one spouse serves the other with divorce papers. In other divorce forms, the divorce petition is unanimous, such as in uncontested divorces. Working with an experienced attorney can help the legal separation and divorce occur more quickly and efficiently.
• Mediation – During the mediation process, each party comes together to work out a divorce settlement without taking the matter before a judge. Attending mediation with a skilled family law attorney is crucial so your interests are protected. In certain cases, the Houston divorce lawyer may attend mediation in your place to work out a satisfactory settlement.
• Family Court – Attending family court should be a last resort, as reaching an agreement in mediation is preferable. Mediation can save the couple the time, expense, and stress of appearing in court. However, some couples need a judge to resolve differences that cannot be solved during mediation. In court, your divorce lawyers will represent you and make sure your case is presented confidently and accurately before the judge.

If you are considering divorce or have already started the process, please contact our Houston divorce lawyers. We will use every ounce of our skill, dedication, and honesty to get the results you need in your Texas divorce.

What Decisions Must be Made During a Texas Divorce?

Divorce in Texas requires several decisions to be reached before the marriage dissolution can be finalized. Some of these include issues regarding children, such as child custody and child support. Other matters include the couple’s financial situation, such as the division of the marital estate and whether one spouse will receive spousal support.

Child Custody

Child custody is one of the most hotly contested items in many divorces. When a couple has children, the decision must be made as to who will gain legal and physical custody after the divorce. Legal custody refers to decision-making authority, such as questions regarding the child’s education, medical needs, and religion. Physical custody refers to where the child will live.

In many Texas divorces, judges award both parents a share of legal and physical custody. This joint custody is generally in the child’s best interests, as the relationships with both parents are equally important. However, in cases of abuse and other rare circumstances, one parent may have sole custody. Divorce attorneys like those at Horak Law will protect your rights to child custody and will defend your children from parties trying to take that away. We can also help file for a protective order that provides for you and your child’s physical safety.

Child Support

Another critical decision during a Texas divorce is that of child support. A family judge will determine the amount and frequency of child support payments. Child support is usually paid from one parent to the other and is typically awarded to the parent with physical custody of the child. However, in some cases, the child with physical custody may make payments to the other parent.

Some factors that can affect whether you receive child support and in what amount include:

• Your income
• Your spouse’s income
• Whether you have physical custody of the children
• Your ability to gain employment
• Whether you currently receive payments from alternate sources, such as government aid or retirement benefits
• Whether you currently receive or pay child support payments from or to another source
• Number of children
• Amount of time the children will spend with you
• Age of each child
• Whether your child has special needs

You can rely on our divorce lawyers in Houston to seek an appropriate child support agreement that meets your current and future needs.

Spousal Support

Spousal support refers to monthly payments one spouse makes to the other after a divorce. Spousal maintenance may be awarded if one spouse cannot enter the workforce due to age or illness. One spouse may also receive spousal maintenance if they need temporary financial support while they get education or training to support themselves.

Understanding whether you qualify for spousal maintenance is crucial when navigating a Texas divorce. We are happy to meet with you and discuss your unique situation so we can help you understand your options and seek the financial support you need to make a fresh start and look forward to a brighter future. Contact our divorce lawyers in Houston for a free consultation today.

Division of Marital Property

Finally, one of the most challenging divorce issues to resolve is that of dividing the marital estate. Couples often disagree on which assets constitute community property, or items that should be divided, and separate property, or items belonging to one spouse alone. Some divorcing couples have a prenuptial or postnuptial agreement to help resolve these issues. However, even with a prenup, it can be difficult for spouses to agree on a solution.

With the help of our divorce attorneys, you can work through the property division quickly and arrive at a solution that protects your best interests. Reach out to our law firm today for a confidential consultation to discuss property division and other essential divorce matters.

Should You Hire Our Houston Divorce Attorney?

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, 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 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.

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. Call 713-422-2652 to schedule your free consultation with our caring legal team.