Divorce Lawyer in Harris County, TX

Going through a divorce is an emotionally difficult process that leaves those involved uncertain about what’s to come and how to move forward. Couples in Texas can choose to file for a no-fault divorce, so some try to go through the process without an attorney. Even when you part on semi-friendly terms, it’s in your best interest to consult with an experienced divorce attorney. Getting a divorce in Harris County, Texas, could involve the division of significant and complicated marital assets, and/or children, complicating the most amicable divorces.

Whether you filed for divorce or your spouse filed, Texas law entitles you to a portion of assets. Without guidance through the divorce process, you risk NOT getting what you deserve when you split. Divorce lawyers have deep knowledge of the law and know how to apply it to your divorce to protect your interests as you go through the settlement process. The experienced divorce attorneys at Skillern Firm Divorce & Child Custody Lawyers have extensive experience representing clients going through a divorce in Harris County, Texas. We also know how to handle complex family law cases involving high-value assets, retirement accounts, spousal maintenance, and child conservatorship.

If you wish to file for a divorce in Harris County, Texas, or your spouse has filed for divorce, you need to consult with a skilled divorce lawyer as soon as possible. You do not have to go through the divorce process by yourself; we are here to help. Contact Skillern Firm Divorce & Child Custody Lawyers today online or at (713) 229-8855 to schedule an initial consultation, so we can learn about your circumstances and protect your interests as you go through the divorce process.

Types of Divorce in Harris County, TX

In Harris County, TX, divorces fall into two primary categories: no-fault and at-fault. No-fault divorces are more common and simpler, as they do not require proof of wrongdoing. At-fault divorces, however, involve one spouse proving the other’s misconduct, which can influence asset division, child custody, and spousal support.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all terms, such as property division, child custody, and support. This type of divorce is typically faster, less expensive, and less emotionally taxing.

Contested Divorce

A contested divorce arises when spouses cannot agree on key issues. These cases often require mediation or litigation, which can be costly and time-consuming. If no agreement is reached, a judge will make the final decisions, which may not satisfy either party.

No-Fault Divorce

No-fault divorces are the most common in Texas. They do not require proof of wrongdoing, making the process less adversarial. The primary grounds for a no-fault divorce in Harris County are insupportability (irreconcilable differences), living apart for at least three years, or confinement in a mental hospital for three years due to a permanent condition.

Grounds for No-Fault Divorce

1. Insupportability: The marriage has become unsustainable due to irreconcilable conflicts.
2. Living Apart: Spouses have lived separately for at least three years.
3. Mental Hospital Confinement: A spouse has been confined to a mental hospital for three years with a permanent condition.

At-Fault Divorce

At-fault divorces require proof of specific misconduct by one spouse. These cases can be more complex and often require legal expertise. Grounds for an at-fault divorce include adultery, cruelty, felony conviction, abandonment for at least one year, or mental incapacitation.

Grounds for At-Fault Divorce

1. Adultery: Proof of an extramarital affair.
2. Cruelty: Treatment that makes living together insupportable.
3. Felony Conviction: A spouse is convicted of a felony and imprisoned for at least one year.
4. Abandonment: Intentional abandonment for one year or more.
5. Mental Incapacitation: A spouse’s mental condition prevents reconciliation.

Choosing between a no-fault and at-fault divorce depends on the circumstances of the marriage. No-fault divorces are generally quicker and less contentious, while at-fault divorces may offer advantages in asset division or custody disputes if misconduct is proven. Consulting a divorce attorney can help determine the best approach for your situation.

Residency Requirements for Divorces in Harris County

When you want to file for divorce in Harris County, you need to be a resident. Texas law requires that a party has been a Texas resident for at least six months and Harris County resident for at least 90 days before they file divorce papers. A couple of exceptions exist:

• If you and/or your spouse had to leave Harris County for public service, most often military deployment, your Harris County home can be your permanent residence for the purpose of divorce. This also applies to spouses who accompany their partner for a specific mission related to the military or some other public service.
• Both of you do not need to live in Harris County to file for a divorce. If you and your spouse have already separated and one of you lives out of state, you can file for a Harris County divorce as long as one of you is still a Harris County resident.

Dividing Assets During a Harris County Divorce

The biggest issue in most divorces that occur in Harris County, is often the division of marital assets. Texas is a community property state that splits assets and debt equitably among spouses. Texas courts have the discretion to adjust the proportions in special circumstances. This is especially common in fault divorces when domestic abuse or other cruel behavior is involved.

THE PRESUMPTION OF COMMUNITY PROPERTY IN HARRIS COUNTY DIVORCE

Texas divorce courts operate on the presumption that all your marital assets are community property. If you or your soon-to-be-ex wants to claim a specific asset, you need to provide the court with proof that the asset should be considered separate property. Typically, separate property refers to anything you or your partner acquired before you were married, received as a gift before/during marriage, or received through inheritance before/during marriage. You must be able to identify the asset and prove how you came to own it. Common items that people claim as separate property include:

• Real estate that one of you received from a friend or family member while you were married
• Inheritance
• Compensation from a personal injury lawsuit, expect compensation for lost earning capacity

It’s best to come to an agreement about the division of your assets without going to court, but if you cannot, the court will typically divide the following community property assets equitably.

Spousal Maintenance in Harris County Divorces

If you file for divorce in Harris County, it’s not automatic that you will have to pay or receive alimony or spousal support, or spousal maintenance. If you are requesting maintenance or your spouse wants you to pay alimony, the court needs the following evidence before they will determine an amount:

• The receiving spouse cannot support themselves because they are disabled.
• The receiving spouse cannot work because they have custody of a disabled child.
• You were married for at least 10 years, and the receiving spouse does not have the skills to earn a livable wage.

If one of these scenarios applies to your situation, the person requesting alimony must make an effort to support themselves, or the court will not award maintenance. After the person requesting alimony proves they are attempting to support themselves, the court will evaluate the following to award maintenance:

• Whether the spouse can afford to pay support
• The education and skills of each person
• Whether one partner helped pay for the other’s education
• Whether one partner contributed property or domestic help to the marriage
• How long the couple was married
• The age and ability of the receiving spouse to work
• The health of the receiving spouse
• Whether either party committed bad acts against their spouse

An experienced Harris County divorce attorney from the Skillern Firm Divorce & Child Custody Lawyers can review the facts of your divorce and advise you on what type of situation you face in terms of spousal maintenance.

Child Custody in Harris County Divorce Cases

Child custody is typically a big part of a divorce for those with children. Texas always prioritizes the best interests of children, which generally includes having both parents in a child’s life. Joint custody, technically called joint managing conservatorship in Texas, is the default for divorces.

If you cannot reach a custody agreement with your spouse and you need to fight for your rights to see your children or protect them from an abusive or unfit parent, our team can help you. When Harris County courts consider child custody, they evaluate the following factors for each parent:

• Home environment
• Ability to care for child/children
• Ability to co-parent with your ex
• Financial situation
• Employment situation, especially work hours and work-related travel

Courts will consider a child’s preference after they reach age 12 very heavily along with best interest arguments. Joint managing conservatorship means you and your spouse make decisions concerning your child’s well-being together. Unfortunately, joint custody is not always an option, especially when one parent has abused or neglected a child.

Joint custody may or may not include child support, depending on the financial situation of each parent. Like other states, Texas courts rely on formulas to assign a percentage of support based on income. Whether you are fighting for custody, visitation, father’s rights, or feel your child support agreement is unfair, the divorce attorneys at Skillern Firm Divorce & Child Custody Lawyers can help you fight to get the best outcome possible for your circumstances.

Child support is a separate issue from custody. Texas law has minimum and maximum amounts based on income. Sometimes these amounts leave one parent without the funds necessary to provide for their children or put an unreasonable burden on the person paying the support. Whether you are fighting for custody during your divorce or dealing with child support issues, the divorce lawyers at Skillern Firm Divorce & Child Custody Lawyers have the knowledge and experience to help you fight for the best outcome for your case.

Divorce Lawyer for Women

Call Skillern Firm Today for a Confidential Consultation

Going through a divorce is a trying and emotionally charged time for all involved. An experienced divorce lawyer can help you file for a divorce and navigate the complexities of the process and ensure the court treats you fairly. In addition to taking care of the paperwork and details of your case, your divorce lawyer can help you avoid making emotionally charged decisions that you might regret in the future. Contact Skillern Firm Divorce & Child Custody Lawyers today online or at call us at (713) 229-8855 to discuss the details of your divorce and learn how we can help you move on with your life during this difficult time.