Divorce proceedings usually involve intense emotions and significant expense. Our dedicated matrimonial attorneys can work with you throughout the divorce process to minimize the emotional strain and cost normally associated with these proceedings. We handle complex contested and uncontested divorces.
Texas is known as a no-fault divorce state. This means that you can obtain a divorce in the State of Texas without having to lay blame on your spouse. You basis for divorce can simply be based on the grounds that your marriage has become insupportable because of conflict or a discord between personalities that prevents reconciliation.
However, Texas law also provides for fault grounds for divorce. This means that you can obtain a divorce in the State of Texas by laying blame on your spouse. These fault grounds include:
- Conviction of Felony
- Living Apart
- Confinement in Mental Hospital
Texas is a community property state. Community property generally means that both spouses own an undivided interest in all property acquired by either of them during the course of marriage. How title is held is generally not important. Many people have the misconception that the court must divide the marital property equally between the spouses. This understanding is incorrect. In a divorce case, a judge is obligated to weigh all the facts and circumstances of a case and create a "just and right" division of all assets and debts. There are many factors that the court can consider in making a just and right division of the marital assets and debts. The most common reasons for a disproportionate division is disparity in income, fault in the failure of the marriage, physical and mental health of a spouse, and the responsibility of raising children.
A divorce court can only divide community property. If a party proves that certain property is his/her separate property, then all the divorce court can do is award it to that person. Separate property is property that is owned prior to marriage, property acquired by inheritance, property acquired by gift, and certain recoveries related to personal injury claims.
During the divorce proceedings, we will assess all of the assets and debt and strive to attain a fair and equitable distribution of assets considering all factors. When appropriate, we will work closely with you to guarantee proper financial support through alimony or spousal maintenance. If children are involved, we will work with you to help you obtain custody of your children, child support payments, establish visitation and help in the development of a proper parenting plan.