Our firm represents either spouse in divorce cases. We encourage you to seek legal advice if you are considering a divorce so you can protect your legal rights and avoid any unexpected issues. There are different types of divorces in Texas:
An uncontested divorce is when both spouses agree to be divorced, and both spouses agree on all the issues involved in their divorce, including but not limited to property division, pension and retirement account division, child custody, child support, and etc. Uncontested divorces tend to be less expensive, are usually finalized faster than contested divorces, and typically involve less complex issues. Your spouse will need to sign a Waiver of Service in order for our office to consider your divorce uncontested.
A contested divorce is when both spouses cannot agree on one or more than one of the issues involved in their divorce. In contested divorces the spouse who is not filing the divorce will need to be served by a sheriff or a process server, unless the spouse signs a Waiver of Service.
What are the requirements that I need to meet in order to be divorced in Texas?
You or your spouse must be a resident of Texas for 6 months prior to filing the divorce and a resident of the county where the divorce is filed 60 days before filing the divorce.
How can I get a quick divorce in Texas?
There is not such thing as a quick divorce. A divorce must be on the court's docket for 60 days before a judge will sign a divorce decree. However, a divorce can typically be completed faster if the parties agree on all of the issues in the divorce.
What will happen to my children and/or property during the pendency of the divorce; can I get sole custody?
There can be temporary orders in place that would designate temporary custody arrangements, who would remain in the home with the children, who would pay child support, and who would be responsible pay the bills while the divorce is pending. There can also be temporary injunctions put in place that can prevent either party from transferring or disposing of property.
What is a Waiver of Service?
A Waiver of Service is when the other spouse agrees not to be served with a summons, but instead signs the waiver and receives a copy of the complaint that would have been served. Before a party agrees to sign a Waiver of Service, they should carefully read the document because the Waiver can include language that can affect the person's rights in relation to child custody, child support, property divisions, and court proceedings during the pendency of the divorce.
Can I get supposal support "alimony"?
The spouse requesting spousal support must show that they will not be awarded sufficient property after the divorce is finalized to assist the them in maintaining their minimum reasonable needs, and either of the following (1) the other spouse was convicted of or received deferred adjudication for an act of family violence as defined by Texas law either during the marriage or during the pendency of the divorce or (2) the spouse cannot earn sufficient income to provide for their minimum reasonable needs and their inability to do such is because of: (1) of a physical or mental disability, (2) the spouse is the custodian parent of the parties' child, and caring for the child would require substantial care and personal supervision because the child suffers from a physical or mental disability, or (3) the spouse has been married to the other spouse for 10 years or more. However, just because a spouse can show they are eligible for spousal support does not mean the court will automatically award them spousal support. The court will consider the requesting spouse's educational background, age, work history, ability to find employment, and the duration of the marriage, whether infidelity was present, and other factors
How much supposal support will I have to pay and for how long?
If family violence occurred during the marriage and you were convicted or adjudicated for such act and the marriage was under 10 years then you may have to pay spousal support for up to 5 years. If marriage was between 10-20 years then up to 5 years. If the marriage was between 20-30 years then up to 7 years. If the marriage was 30 years or more up to 10 years. These maximum time periods of spousal support will apply unless there is a case of an incapacitating physical or mental disability, in which cases the time period can last for a longer time period. Also, supposal support will be terminated once the receiving spouse cohabits with another person in a permanent place of residence on a continuing basis. Your spousal support payment will be 20% of your annual gross income.
Discuss your divorce options in a confidential consultation with an attorney in our office.
Contact us by emailor call us at 832-844-1677.
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About Law Office of A. Green
Law Office of A. Green is dedicated to proudly serving clients in Harris, Brazoria, Chambers, Fort Bend, Galveston, Matagorda, and Montgomery in the practice of family law, divorce, child custody, and child support cases.
Principal Office Location
6300 West Loop South, Suite 610
Bellaire, Texas 77401
By Appointment Only
1400 8th Street Suite 6B-1
Bay City, Texas 77414