Experienced Divorce Attorneys Serving Houston and Surrounding Areas
Divorce can be one of the most stressful events in your life. Many people going through divorce experience emotions like anger, frustration, guilt, and resentment. These feelings can affect your ability to work, raise children, and handle daily routines. At Rudisel Law Firm, our skilled divorce attorneys are here to protect your emotional and financial interests throughout the process.
Attorney Shawn M. Rudisel and his team work tirelessly to defend our clients’ interests. Whether it’s negotiating settlements, mediating cases, or litigating in the courtroom, our firm is here to guide you. With our patient, consultative approach, we ensure you are informed at every step, so you can make the best decisions for your future.
Need advice on your divorce case? Contact us for a free consultation.
Divorce in Texas: An Overview
Divorce in Texas can be straightforward or highly complex, depending on your situation. Whether you’re facing a contested divorce with significant disputes or an uncontested divorce where you and your spouse agree on all issues, it’s crucial to understand the process and what lies ahead. Below, we break down the basics and link to more detailed information on specific topics.
Contested vs. Uncontested Divorce
What is a Contested Divorce?
In a contested divorce, you and your spouse cannot agree on one or more key issues, such as property division, child custody, or child support. Contested divorces can be more time-consuming and require each spouse to have legal representation to protect their interests. Many contested divorces are resolved through mediation, but if an agreement cannot be reached, litigation may be necessary.
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What is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all issues, making the process faster and less expensive. Only one lawyer may be needed to assist in preparing and finalizing the divorce. In Texas, there is a mandatory 60-day waiting period from the date of filing before a divorce can be granted. During this time, we work with you to finalize agreements and file the necessary paperwork, ensuring the process is as smooth as possible.
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Thinking about an uncontested divorce? Learn more about the process here.
Key Issues in Houston Divorces
Property Division
Texas is a community property state, meaning all property acquired during the marriage is subject to division in a “just and right” manner. However, not all property is considered community property. Separate property – such as gifts, inheritances, or assets owned before the marriage – remains with the original owner.
Dividing property can get complicated, especially in high-asset divorces. Our attorneys help determine which assets are community property and which are separate. In cases involving commingled assets, we work with forensic accountants to trace the origins of property, ensuring you receive a fair division.
Learn more about property division here:
Child Custody and Visitation
Child custody is often the most emotionally charged aspect of divorce. In Texas, the court prioritizes the best interests of the child when determining custody arrangements. We help you navigate this process, ensuring that your parental rights and your child’s well-being are protected.
Want more details? Read about child custody in Texas.
Child Support
In Texas, child support is calculated based on the noncustodial parent’s income and the number of children. The state uses a set percentage of net income for child support, which is adjusted for additional children.
| Number of Children | Percentage of Net Income |
|---|---|
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
| 5 or more | 40% |
Child support orders can be modified if there is a significant change in circumstances. If you need help understanding or modifying your child support obligations, our attorneys are here to assist.
More on child support: Understanding Child Support Modifications
How to Navigate the Texas Divorce Process
Filing for Divorce
In Texas, divorce begins when one spouse files a petition. This petition outlines the grounds for divorce and requests a division of property, custody arrangements, and support. After the petition is filed, your spouse will be served with the divorce papers, and the legal process begins. Depending on whether the divorce is contested or uncontested, different steps follow.
Looking for guidance? Our team can help you file for divorce.
Mediation
Mediation is a common way to resolve contested divorce issues without going to trial. In mediation, a neutral third-party mediator helps both spouses discuss their disagreements in a structured environment. The goal is to reach an amicable settlement on issues like property division, custody, and support. Most Texas courts require mediation in contested divorce cases before allowing them to proceed to trial.
Read more about mediation: How Mediation Can Help Settle Your Divorce
Special Considerations for Complex Divorces
High Net Worth Divorces
When significant assets are involved, divorce can become more complex. Business interests, retirement accounts, and real estate holdings all require special attention during property division. In these cases, our attorneys work closely with financial experts to ensure accurate valuation and division of assets.
Learn more: High Net Worth Divorce – What You Need to Know
Dividing a Family Business
If you and your spouse own a family business, determining how to divide that interest can be challenging. Our team can help you navigate this process, protecting your financial interests and ensuring a fair outcome.
Learn more: Dividing a Family Business During Divorce
Modifying Divorce Decrees
After a divorce is finalized, circumstances can change. If you need to modify your divorce decree, whether it’s child custody, child support, or visitation terms, we can help. Texas courts allow for modifications if there is a material and substantial change in circumstances, such as a change in income or a relocation.
Explore your options: How to Modify a Divorce Decree in Texas
Prenuptial and Postnuptial Agreements
Many couples choose to protect their assets and financial future by creating prenuptial or postnuptial agreements. These agreements define how property and debts will be divided in the event of a divorce, providing clarity and protection for both spouses.
- Prenuptial Agreements: A prenuptial agreement, or “prenup,” is signed before marriage and details how property, income, and debts will be divided in case of a divorce. This can include protection for separate property, business assets, and future inheritances.
- Postnuptial Agreements: Similar to a prenuptial agreement, a postnuptial agreement is made after the couple is already married. It can be used to modify or set new terms for financial arrangements that weren’t addressed before the marriage.
Whether you’re considering a prenuptial agreement before marriage or need to create a postnuptial agreement after tying the knot, our experienced attorneys can help you draft an agreement that protects your interests and complies with Texas law.
Learn more: about prenuptial and postnuptial agreements.
Divorce Lawyer for Men: Father’s Rights
At Rudisel Law Firm, we understand that divorce can be especially challenging for men and fathers who want to maintain a strong presence in their children’s lives. Texas law protects the rights of fathers in divorce and custody cases, but having the right legal representation is key to ensuring fair treatment.
Our team is experienced in advocating for fathers’ rights, especially when it comes to:
- Child Custody and Visitation: We work to ensure that fathers receive fair custody and visitation arrangements, with the goal of preserving meaningful relationships with their children.
- Child Support: We help ensure that child support arrangements are fair and based on accurate financial information.
- Property Division: Protecting your financial interests, including your home, savings, and retirement, is a priority.
If you’re a father facing divorce, it’s important to work with an attorney who understands the unique challenges you may face. We are committed to helping men navigate the divorce process and protect their rights.
Explore more: about father’s rights in divorce.
Frequently Asked Questions (FAQ) About Divorce in Texas
How long does it take to get a divorce in Texas?
In Texas, there is a mandatory 60-day waiting period after filing for divorce before it can be finalized. If your divorce is uncontested, it can be completed as soon as the waiting period ends. Contested divorces, where spouses disagree on key issues, can take longer depending on the complexity of the case.
What is the difference between contested and uncontested divorce?
A contested divorce occurs when spouses cannot agree on one or more key issues, such as property division or child custody. These cases often require mediation or litigation. An uncontested divorce is when both parties agree on all terms, which makes the process faster and less expensive.
Can I change my child support or custody arrangement after the divorce?
Yes, Texas courts allow modifications to child support, custody, or visitation orders if there is a significant change in circumstances, such as a change in income, relocation, or changes in the child’s needs. You’ll need to petition the court for a modification.
Do I have to go to court if we agree on everything?
Not necessarily. If both spouses agree on all terms, you may not need to go to court. Instead, you can finalize your divorce through the Child Support Review Process (CSRP) or by submitting your agreement to the court for approval. Your attorney can guide you through the paperwork and filing.
How is property divided in a Texas divorce?
Texas is a community property state, meaning all property acquired during the marriage is presumed to be jointly owned and subject to division. However, separate property, such as gifts, inheritances, or assets owned before the marriage, is not divided. The court divides community property in a way that it considers “just and right,” but not necessarily equally.
Proudly Serving Houston and Surrounding Areas
At Rudisel Law Firm, we proudly serve clients throughout the Greater Houston area and beyond. Our experienced divorce attorneys are available to assist clients in the following locations:
- Houston
- Sugar Land
- Katy
- The Woodlands
- Cypress
- Spring
- Pearland
- Pasadena
- League City
- Friendswood
- Baytown
- Missouri City
- Richmond
If you are located in any of these areas or nearby and need legal help with divorce, child custody, or property division, we are here to assist you. Contact us today for a free consultation and let us help you navigate the divorce process with confidence.
Get Legal Help Today
If you’re considering divorce or already facing complex issues like property division or child custody, don’t navigate this alone. Our experienced Houston divorce attorneys are ready to provide compassionate guidance and strong legal representation.
Contact Rudisel Law Firm for a free consultation today and take the first step toward a more secure future for yourself and your family. Call us at 713-781-7775 or reach out online.