Divorce in Houston, Texas: An Overview

Divorce presents many issues once filed.  Property division, child custody, child support and visitation are commonly in dispute.  A contested divorce occurs when parties cannot reach an agreement on one or more of the issues.  Each spouse will have their own lawyer during the process representing their best interest.   Your Houston divorce attorney is often able to negotiate a settlement in mediation or informally that protects our clients, their families and assets.

• Divorce in Houston, Texas. What you should know

A divorce is considered an uncontested divorce when the spouses agree on all issues. Uncontested divorces are not only faster, but much more cost efficient.  Further, one lawyer can assist the parties through the divorce process. A  court cannot grant a divorce until the expiration of 60 days from the date of filing.  During that time, our divorce attorneys meet with the spouses, discuss all issues and agreements and draft the documents necessary to finalize a divorce. Our divorce attorneys handle hundreds of uncontested divorces each year and are able to complete most of them within 60 days.  Call us for a complimentary consultation if you are considering a divorce and think it may be uncontested. We file all of our divorces the same day so we can make the process as quick and painless as possible.

Please read the following articles on our blog more information:

• Uncontested Divorce, What You Need to Know
• The Uncontested Divorce Process in Texas

Mediation

Mediation is a negotiating process used to settle cases amicably.  A mediator, a lawyer certified in family settlement negotiation, hosts a meeting between the spouses and their attorneys to discuss all issues.  Mediators separate the spouses in private rooms. The mediation process affords the spouses an opportunity to discuss their issues in a relaxed and private environment.  The mediator will settle all issues and notify the court. Consequently most courts in Texas require mediation on contested divorces.

Under Texas law, courts must divide the marital estate in a “just and right” manner. Texas is a community property state. There is a presumption that all  property owned, acquired or possessed during a marriage is community and subject to division upon divorce.  Separate property consists of property owned prior to marriage, gifts and inheritance.  Courts cannot divide separate property.  Our divorce attorneys can assist you in determining what property is community and what is separate by gathering information and inventorying your assets.

• Selling Your Home and Divorce
• What Happens to the Family Business

When spouses have accumulated a large marital estate (business interests, retirement, stocks, real estate, etc.) the process becomes more complex.   Texas law treats different types of assets and income  differently.  Separate and community assets can be commingled or “mixed” together. As a result, a lawyer will trace commingled property to properly divide it among the spouses.  In extremely complex cases, we employ forensic accountants to meticulously trace the assets, giving us a clear picture of the marital estate and it’s value. Your lawyer must be knowledgeable in complex property division to adequately protect your assets and net worth.

• High Asset Divorce: What you Need to Know

Here at The Rudisel Law Firm, P.C., our lawyers can modify the terms of prior divorce decrees.  Child custody, child support and visitation provision can be modified if a change in circumstances has occurred and the modification is in the children’s best interest. Explore our site and blog for more information on modifying an existing divorce order in Texas.