Divorce

Texas Divorce Attorney

Experienced Divorce Lawyers Serving Texas

Initiating the divorce process in Harris County, TX, can seem daunting, requiring informed decisions and careful management of expectations. Thankfully, you don’t have to navigate this journey alone.

At the Law Office of Bryan Fagan, our leading Texas Divorce Attorney team is dedicated to supporting you through every step of your divorce, with a focus on family, property, and your personal goals.

Our experienced attorneys offer tailored representation, driven by your unique needs and objectives, ensuring you have the tenacity and expertise needed to achieve favorable outcomes.

Understanding the complexities and stakes involved in your divorce, we strive to provide guidance and support.

Our service-oriented approach aims to provide the best possible experience during this challenging time, ensuring you don’t face hurdles alone. Although challenges are inevitable, having our attorneys as your partners means you gain a dedicated ally to help navigate and adjust to these challenges, rather than becoming overwhelmed by them.

Texas Divorce Attorney: Navigating the Initial Steps of Filing for Divorce

Embarking on the divorce process can seem daunting, but with the guidance of a skilled Texas Divorce Attorney, filing an Original Petition for Divorce becomes a clear and manageable first step. This crucial document signals the commencement of your divorce proceedings, serving as a formal introduction of your case to the court. Whether your filing is in a district court, county court, or county court at law, understanding the specifics of this document and its purpose is essential.

The Role of Jurisdiction in Your Divorce Case

A key component in the divorce process is determining the correct jurisdiction, which is where a Texas Divorce Attorney can provide invaluable assistance. Jurisdiction is determined based on residency requirements: either you or your spouse must have lived in Texas for at least six months and within the filing county for a minimum of ninety days. This criterion establishes the legal authority of the court to oversee your divorce, a foundational aspect of beginning your case.

Starting Your Divorce with a Texas Divorce Attorney

Many individuals are uncertain about how to initiate the divorce process. The answer lies in effectively filing your Original Petition for Divorce in the jurisdiction that legally pertains to your case. Jurisdiction enables the court to hear your case and issue rulings. Identifying where to file is a crucial early decision in your divorce journey. A Texas Divorce Attorney not only helps clarify this process but also supports you in taking the first, decisive steps towards a successful divorce outcome, ensuring you start on solid ground with expert legal guidance.

Texas Divorce Attorney Guidance: Responding to a Divorce Filing When You’re the Non-Filing Spouse

In the event that an Original Petition for Divorce has been filed against you, the next critical step, as advised by a Texas Divorce Attorney, is to file an Answer in response. This Answer, which often includes a general denial of the petition’s allegations, is your formal response to the divorce action initiated by your spouse. Additionally, you may consider filing a Counterpetition for Divorce, especially if you seek further relief or have specific requests from the court. The deadline for filing this Answer is by the first Monday following 20 days after being served with the Original Petition.

Understanding the Waiver of Service in an Uncontested Divorce

A strategic alternative, often recommended by a Texas Divorce Attorney in uncontested divorces, is to file a Waiver of Service. This waiver signifies your acknowledgment of being served the Original Petition while choosing to forego the formal service process. It importantly preserves your right to be notified of future court proceedings but expedites your participation in the divorce negotiation process. This step is typically part of initiating an uncontested divorce, aiming for a smoother and more cooperative resolution.

Achieving an Uncontested Divorce with a Texas Divorce Attorney

Pursuing an uncontested divorce signifies that both spouses agree on all significant matters, including property division, child custody, and visitation rights. This level of agreement is essential for an uncontested divorce but achieving it requires thorough negotiation, often before the divorce process formally begins. A Texas Divorce Attorney can be instrumental in facilitating these discussions, aiming for a mutually satisfactory agreement on all issues. While reaching a full agreement on every aspect of the divorce can be challenging, the guidance of a skilled attorney is crucial for navigating the process and exploring the best paths toward resolution.

Discovery- learn your spouse’s case

Discovery involves sending your spouse a request for information about their case. You will use this information to help make decisions during the negotiation phase of your case. You will be asking for a preview of the evidence that your spouse plans to submit at trial. The better prepared you can be for negotiations the less likely it will be that you need to proceed to a trial at the end of your case.

Examples of the different types of discovery requests that can be submitted by your spouse are requests for disclosures, requests for admission, interrogatories, and requests for production. Answering these requests from your spouse can be time-consuming and difficult. Working with an experienced family law attorney with the Law Office of Bryan Fagan can help tip the scales of your case in favor of you.

Discovery is an important part of your case. It is also a very difficult part of your case. Crafting well-worded questions that cannot be objected to is essential to receiving good information from your spouse. Being able to object properly to poorly worded questions and those that ask for privileged information is an important part of playing a good “defense” when it comes to discovery. Having an attorney available to help you perform both important roles is a major advantage in a divorce case. A skilled family law attorney can streamline the discovery process, saving you time and money while maximizing success.

Texas Divorce Attorney Explains: No-Fault vs. Fault Grounds in Texas Divorce and Their Impact

In Texas, recognized as a “no-fault” divorce state, the process to dissolve a marriage can be initiated without the need to prove wrongdoing by either party. As a Texas Divorce Attorney would explain, simply citing irreconcilable differences or a conflict of personalities with no hope for reconciliation in your Original Petition for Divorce suffices for proceeding with a divorce. This no-fault approach allows for the termination of a marriage for reasons as trivial as disliking a spouse’s habits.

However, opting for fault grounds in your divorce petition or counterpetition can offer strategic advantages, particularly in aspects of property division and conservatorship (child custody). Fault grounds such as abandonment, cruelty, and adultery, when proven, can significantly influence the outcome of a divorce. For example, demonstrating that your spouse’s adulterous actions depleted the marital estate could result in reimbursement to the community property and potentially a larger share of the estate awarded to you.

Fault Grounds for Divorce

In matters of conservatorship and child custody, proving a fault like adultery could impact decisions regarding parental rights and responsibilities. Fault grounds can reveal a spouse’s questionable decisions, like introducing children to a new partner, impacting their welfare. Successfully proving such fault grounds may lead to winning primary custody.

Yet, the distinction between claiming a fault ground and proving it in court is significant. Gathering the necessary evidence—documents, photos, medical records—and effectively presenting it amidst legal challenges requires diligence and expertise. This is where the support of a seasoned Texas Divorce Attorney becomes invaluable. With their experience, a lawyer from the Law Office of Bryan Fagan can navigate the complexities of fault-based divorce, aligning evidence and legal strategy to advocate for your best interests and outcomes.

How Can You Support Yourself After a Divorce

Does the following situation sound familiar to you: staying in a failing marriage because you are unsure about how you are going to be able to support yourself after the divorce is over? Maybe you have not worked in many years because you were a stay-at-home spouse and parent. It could be that you are disabled and not able to work. Or you are the main caretaker for a child who is disabled and unable to work. Whatever your situation may be, it begs the question: can you receive financial support from your spouse while you wait for the end of a divorce?

The answer: yes, you can. This is otherwise known as temporary spousal support. Temporary spousal support can be negotiated from the very beginning of your case.

Here is what temporary spousal support can do for you: Firstly, it can help you pay your bills while the divorce case is ongoing. Secondly, it can assist in paying your mortgage during this time. Thirdly, it ensures you keep food in your fridge while the divorce process unfolds.

Notice that I did not say that temporary spousal support is there to help you live the lifestyle to which you had become accustomed. This is not in the cards as far as temporary spousal support is concerned.

You can ask for temporary spousal support in your petition or counterpetition for divorce. Usually, this is done in the form of asking for temporary orders and then stating that temporary spousal support is necessary for you to subsist and provide for yourself and your child while the divorce is ongoing. It may mean that you need to go back to school or start looking for work. If you are interested in receiving spousal maintenance then this is usually a pre-condition for receiving this type of award in your divorce trial.

Texas Divorce Attorney on Post-Divorce Spousal Support

Navigating post-divorce spousal support complexities is essential, and a Texas Divorce Attorney offers expert guidance in this area. Spousal support, encompassing spousal maintenance and contractual alimony, plays a vital role in the financial stability of a spouse post-divorce.

What is Spousal Maintenance vs. Contractual Alimony

Spousal maintenance in Texas, is financial support awarded to a spouse who proves an inability to meet basic needs independently after the divorce. Demonstrating the need for such support is essential to securing it. A Texas Divorce Attorney can help you gather the necessary evidence to strengthen your case for spousal maintenance.

Criteria for Awarding Spousal Maintenance

The court considers several factors when determining eligibility for spousal maintenance, including disability, and caretaking.

Support often caps at ten years, highlighting the need for a skilled attorney to build a strong maintenance case.

Trial and Spousal Maintenance

It’s important to note that spousal maintenance awards come exclusively through court orders, often after a trial.

This underscores the significance of the issue, suggesting exploration of all other settlement avenues.

Suitability for spousal maintenance depends on marriage duration, financial independence, and employment efforts during divorce.

Family Violence and Spousal Maintenance

Family violence is a separate criterion for spousal maintenance eligibility.

Victims of spouse’s violence, proven by recent conviction or deferred adjudication, may qualify for spousal maintenance.

A knowledgeable Texas Divorce Attorney is crucial in navigating these sensitive issues, advocating for your rights, and ensuring you receive the support you deserve post-divorce.

Texas Matrimonial Law Specialist: Exploring Contractual Alimony for Post-Divorce Financial Assistance

There is another avenue to pursue as far as post-divorce spousal support is concerned. That option is known as contractual alimony. As the name indicates contractual alimony has more to do with contract law than it does with family law. This is significant for you to consider in that if disputes arise in the future, then a family court would apply principles of contract law to the case rather than the Texas Family Code.

A judge cannot order contractual alimony.

Rather, you and your spouse would need to come to an agreement on alimony during negotiations. Conversely, the sort of limitations on spousal maintenance under Texas law do not apply to contractual alimony.

This means that you can negotiate for more money over a longer period under contractual alimony than under spousal maintenance.

When can an ex-spouse stop paying spousal maintenance?

Firstly, several scenarios exist where spousal maintenance might terminate.

First, a spouse’s death ends their maintenance obligations and rights; future payments cannot go to the deceased’s estate.

The cessation of these payments is final upon the death of you or your ex-spouse.

Cohabitation can offer a nuanced argument for discontinuing spousal maintenance, serving as legitimate grounds for a court to terminate it.

Additionally, the challenge lies in proving cohabitation with a romantic partner, which might seem straightforward but often isn’t. If both your ex-spouse and their new partner are on the home’s deed, proof is easier. If not, evidence such as shared mail and utilities or the absence of other residence leases or mortgages is necessary. This complexity underscores the value of engaging a seasoned family law attorney to navigate and substantiate cohabitation claims effectively.

However, remarriage of your ex-spouse (including yourself) should end your obligation to pay spousal maintenance.

Contractual alimony may require you to pay your ex-spouse even after they remarry, an interesting point.

Finally, always put thought into what you are signing so that no issues are moving forward with contractual alimony.

Texas Family Law Lawyer: Guiding Through Conservatorship in Texas Divorces

When undergoing a divorce in Texas, especially with children involved, understanding the concept of conservatorship is crucial.

For instance, Texas family law prefers the term “conservatorship” over the commonly used “custody,” encompassing parents’ rights and duties towards their children.

In the end, a Texas Divorce Attorney can guide you through conservatorship complexities, protecting your parental rights during divorce.

Understanding Conservatorship vs. Custody

The Texas Family Code prefers “conservatorship” over “custody” to outline parent-child legal rights and responsibilities.

This term plays a crucial role in determining the child’s living arrangements and the financial support structure post-divorce.

Key Rights and Duties Under Conservatorship

The right to decide the child’s primary residence and the obligation to provide child support are pivotal aspects of conservatorship.

These factors often spark contentious debates in divorce proceedings, affecting the child’s welfare and parents’ financial responsibilities.

Engaging a Texas Divorce Attorney experienced in conservatorship matters can be instrumental in navigating these disputes effectively.

The Importance of Focusing on Conservatorship

Parents often focus on time with children, overlooking broader conservatorship aspects like education, medical decisions, and upbringing.

Your divorce strategy should cover all conservatorship aspects, prioritizing your child’s best interests in decisions.

Seeking Expert Guidance from a Texas Divorce Attorney

The Law Office of Bryan Fagan provides skilled advocacy and strategic planning for conservatorship, focusing on children’s well-being during divorce.

With a focus on both the rights and duties encompassed by conservatorship, a Texas Divorce Attorney can help ensure that your parental rights are maintained and that your children’s futures are secure.

Child Support Challenges in Divorce

Child support frequently emerges as a contentious issue in divorce proceedings. Many parents perceive the divorce as a conclusion to their relationship with the co-parent, feeling a sense of finality. Yet, in reality, the divorce marks the beginning of a new phase in co-parenting.

Guideline Levels of Child Support

The Texas Family Code provides guideline levels for child support. These are based on the number of children involved and the net monthly income of the paying parent. This formula generally serves Texas families well, but there are exceptions that require special attention.

Determining Appropriate Monthly Income

Determining the responsible parent’s monthly income is crucial, whether paying or receiving. Incorrect calculations can cause financial strain or insufficient support. Thus, considering all income sources is essential.

Special Considerations for Special Needs Children

The Law Office of Bryan Fagan emphasizes the importance of accounting for the needs of special needs children.

Medical or psychological special needs can significantly raise a child’s monthly expenses. Child support orders should reflect these additional costs.

The Importance of Diligence in Child Support

Handling child support with diligence is vital for protecting your child’s best interests and ensuring financial stability. The attorneys at the Law Office of Bryan Fagan dedicate themselves to delivering effective courtroom representation. Thus, ensuring an equitable child support arrangement.

Texas Family Law Counsel: Mastery in Mediation and Courtroom Advocacy

The culmination of a divorce case often hinges on final mediation or trial.

Clients across southeast Texas celebrate the attorneys at the Law Offices of Bryan Fagan for their courtroom prowess. We draw on decades of experience and a have deep understanding of the Texas Rules of Evidence to advocate effectively.

Judges recognize our reputation for professionalism and ethical conduct, ensuring we represent your best interests with integrity.

Preparation for Trial with Your Legal Team

Our approach to trial preparation involves a close partnership with our clients. Specifically, we believe in walking side-by-side with you through your divorce journey. Moreover, you are an integral part of the evidence development, witness questioning, and overall trial preparation process. Ultimately, our commitment to open communication and addressing your needs enhances our dedication to prioritizing your goals and interests.

The Role of Final Mediation in Resolving Your Case

Despite trial remaining a possibility, final mediation presents an alternative pathway to resolution. This collaborative process allows you, your family, mediator and attorneys to craft settlements together. Mediation fosters a conducive environment for exchanging settlement offers and gaining insights into your spouse’s perspective. This is typically facilitated by a mediator who acts as a neutral intermediary.

Mediation: A Path to Empowered Settlement

Mediation streamlines negotiations, giving you control over your divorce outcome. It uses a mediator’s expertise to improve proposals and understanding.

This method demonstrates that you are in the prime position to make informed decisions about your marriage.

Learn more about the Law Office of Bryan Fagan by setting up a free-of-charge consultation

Contact the Law Office of Bryan Fagan today. We offer a free-of-charge consultation with one of our experienced family law consultants either in person, or through phone. We are proud to serve our communities across Texas and look forward to meeting with you.

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Our Experienced Texas Divorce Attorney Can Help

If you are looking for an attorney who will stop at nothing to advocate on your behalf in or out of court, call the Law Office of Bryan Fagan, PLLC. The team is committed to doing everything within its power to succeed in securing a satisfactory result for every client.