Houston Divorce Lawyer

Navigating Contested Divorce Challenges

• Contested divorces are unfortunately more common and occur when the involved parties are unable to agree on who was responsible for the deterioration of the marriage.
• Contested divorces result when the partners cannot agree on who should receive what in the divorce settlement.

Legal Grounds for Divorce in Houston, Texas

The assignment of fault is determined by who has grounds for divorce, and it can have a substantial impact on how marital property is ultimately divided as well as decisions involving custody, support, and visitation. Should the nature of the fault be in dispute, the court will hear arguments for both sides.

Grounds for divorce in Texas include:

1. Abandonment
2. Adultery
3. Conviction of a felony crime
4. Cruelty
5. Institutionalization

Division of Assets: Understanding Community Property in Texas

Texas is a “community property” state, meaning that any assets acquired during the marriage is considered “marital property.” Any marital property will need to be divided during the divorce process. Any separate property, or assets acquired prior to the start of the marriage, belong exclusively to that partner and are excluded from the division process.

Judges will make decisions on how to divide marital property in a manner that is “just and right” as part of divorce litigation. Many factors will go into their determinations.

Factors Influencing Marital Property Division in Texas

• The assignment of fault. The grounds for the divorce and who was responsible for the destruction of the marriage can impact who receives what. Someone who exhibited cruel or adulterous behavior may be granted a lesser amount of assets, for example.
• Child custody considerations. The parent who receives primary custody of any children will typically need greater resources to adequately care for them. This means that they are likely to be given more assets during the division process, especially if those assets – such as a family home – will help avoid disruptions to the child’s life and aid in their future raising of them.
• Earnings and potential disparities. Courts tend to be more sympathetic to the spouse with the lower income and employability, as they will likely face greater challenges in building a financially sustainable life without the contributions of their former spouse.
• Health and well-being of each spouse. If one spouse suffers from a chronic illness or disability, they are likely to be granted additional resources. Health conditions often influence other relevant factors, including future employability.

Our team can assist you at every stage of the divorce process, including establishing grounds and arguing for fair and reasonable distributions of property. We can also advocate to ensure your children’s interests are protected as the court makes determinations involving custody and support.

Alternative Dispute Resolution for Divorce in Houston

Going to court can be an expensive and laborious endeavor. If you and your spouse recognize that a divorce is what is best for your family but wish to avoid formal litigation, our firm can help you explore alternative settlement methods.

Alternatives to divorce litigation include collaborative divorce, mediation, and arbitration. These methods can give families more control and privacy as they work toward a mutually agreeable settlement. They also tend to be more cost and time efficient.

Choose Compassionate Houston Divorce Lawyers

Our divorce services in Houston aim to relieve your family of the burdens associated with the contentious divorce process. Our founding attorney is Board Certified in Family Law by the Texas Board of Legal Specialization and has decades of experience helping families manage these difficult moments. Our team is capable of handling cases of all complexities, including those involving spouses located abroad or prenuptial agreements. No matter your circumstances, we will do everything possible to help you and your family move forward.

Let us worry about your divorce so that you don't have to. Call (713) 322-9810 or contact us online to schedule a meeting with our team.