The process of ending a marriage can be extremely stressful. Not only are you coping with the emotional strain of divorce, but issues regarding property distribution, spousal support, child custody, and child support can be overwhelming.

If you are seeking a divorce in Angleton, Texas, you need an experienced family law attorney by your side. The divorce attorneys at Terry & Roberts possess a high level of Texas divorce law knowledge that you need to help you move as quickly and seamlessly through the process of dissolving your marriage as possible. As your advocates, we help you navigate and resolve your Brazoria County divorce. Whether your divorce is amicable or contested, we offer clear, caring, and practical legal guidance to help you achieve your goals.

Contested vs. Uncontested Texas Divorce

In Texas, divorces can be either uncontested or contested. In an uncontested divorce, the parties agree to all terms, including how property will be divided, whether and to what extent there will be spousal support, how child custody (otherwise known as conservatorship) will be handled, how child visitation will proceed, and the terms of child support, which must also meet state law requirements. If the parties are not in agreement on one or more of these issues, which is very often the case, the divorce is considered to be contested.

Grounds For a Texas Divorce

Texas allows the parties to file for either a no-fault divorce or a fault-based divorce.

In a no-fault Texas divorce, neither party blames the other for the fact that the marriage did not work out. Rather, both seek the dissolution of the marriage based on their irreconcilable differences. The two spouses agree that they do not want to be married anymore and jointly agree to file a no-fault divorce formally stating neither party is to blame or guilty of any misconduct that caused the marriage to end. No-fault divorces are the most common type of divorce in Texas.

One spouse may, however, choose to seek a fault-based divorce. In this case, the petitioner will allege their spouse specifically did something to make the marriage no longer work.

Texas allows a spouse seeking divorce to allege one of seven grounds (reasons) for divorce:

● Insupportability. With insupportability, a spouse alleges that there is such discord or conflict of personalities that there is no reasonable expectation of reconciliation.
● Living apart. In order to file for divorce due to living apart, the spouse must assert that the couple has lived apart for at least three years.
● Confinement to a mental hospital. A spouse can file for divorce based on mental hospital confinement if their husband or wife has been confined to a mental hospital for at least three years and “the mental disorder is of such a degree and nature that adjustment is unlikely or that if adjustment occurs, relapse is probable.”
● Cruelty. In order to plead cruelty in a divorce case, one spouse must assert that the other has behaved in a verbally, physically, and/or emotionally cruel manner.
● Abandonment. In order to request a divorce based on abandonment, one spouse must have left the other and stayed away for at least a year.
● Adultery. In order to file for divorce for adultery, the petitioning spouse must be able to prove their husband or wife has been sexually involved with someone outside of the marriage
● Felony conviction. If one spouse has been convicted of a felony, their partner can file for divorce based that felony conviction.

Angleton Divorce Lawyers: Frequently Asked Questions

How long before my divorce is final?

In Texas, there is a waiting period of at least 60 days after a divorce petition is filed before the it can be finalized. The majority of Texas divorces, however, take six months to a year to resolve. How long your divorce will take depends on a number of factors, including the complexity of the marital estate, whether or not you have minor children, and whether you and your spouse are able to reach an agreement or end up in mediation and/or trial.

How can I protect my assets?

If you own substantial assets, such as a business like a medical practice or you have a high net worth, you may be concerned about losing those assets to your spouse in a divorce. An experienced divorce lawyer can help you protect your most lucrative assets from being unfairly divided or awarded to your spouse.

How is child custody determined in a Texas divorce?

The court will decide child custody issues based on what is in the best interests of the child or children. The court may award sole custody to one parent or joint custody to both parents. When joint custody is awarded, the court will ensure there is a legal agreement in place that governs issues like where the child or children will reside, how much time is spent with each parent, and how important decisions regarding the child or children’s welfare will be made.

Do I need a lawyer to get a divorce?

While you can get an Angleton divorce without hiring a lawyer, there are many reasons why you may want to hire a lawyer to protect your interests. Divorce law can be complex and difficult to navigate for someone who is inexperienced in the intricate legalities surrounding Texas family law. In addition, if your spouse hires a lawyer, you will certainly be left at a significant disadvantage if you are unrepresented by counsel. The results could be your giving up marital assets you are entitled to, having an unjust amount set for spousal support, and/or settling for an undesirable resolution to any child custody and child support matters.

Terry & Roberts: Angleton Divorce Lawyers

Our Angleton divorce lawyers practice regularly in Brazoria County courts. We have decades of experience representing clients in complex divorce proceedings, from the most amiable to the most contested. Regardless of your circumstances, we promise zealous representation. While we will always seek a negotiated settlement, we are not strangers to the courtroom and will not hesitate to fight for your rights in court whenever necessary. Are you ready to file for divorce?

Contact us today to schedule your consultation: (979) 849-4387.

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Terry & Roberts serves clients throughout Brazoria County, TX including in Angleton, Pearland, Lake Jackson, Alvin, Freeport, Clute, and Manvel.

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