We have the necessary experience and knowledge of divorce law in Texas to help you through each step in the process. When we represent you, we are on your side, fighting to help you get your fair share of the marriage assets and ensuring the things that matter to you are handled with the utmost care. Terry & Roberts also helps clients navigate the complexities of other family law issues, such as child custody and child support.
We have represented a wide range of clients in Pearland, Texas and the surrounding areas, from doctors and other medical professionals with high assets to lower-income families. No matter how complex your case, the right legal representation can help the proceedings move along smoothly and efficiently.
Grounds for Divorce
In Texas there are seven different grounds (reasons) for divorce:
- Insupportability: When a married couple simply cannot reconcile their differences and no longer wish to be married.
- Cruelty: When one spouse treats the other with cruelty in any way, including verbal, physical, or emotional abuse.
- Living apart: When the two spouses have lived apart for at least three years.
- Abandonment: When one spouse has left the other and stayed away for at least a year.
- Adultery: When it can be proven that one spouse has been sexually involved with someone outside of the marriage.
- Felony conviction: When one spouse has been convicted of a felony.
- Confinement to a mental hospital: When one spouse 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.”
Frequently Asked Questions About Divorce Law in Pearland, TX
Do I need a lawyer to get a divorce?
Not necessarily. You can get a divorce without hiring a lawyer, but there are many reasons why it is in your best interest to have a lawyer on your side. For one, divorce law is complex and difficult to navigate by someone without a law degree. Also, it is likely that your spouse will hire a lawyer, which would give them an unfair advantage over you if you didn’t have one. You may not get your fair share of the marriage assets, spousal support, child custody, or child support.
How long before my divorce is final?
The length of time it takes for divorce proceedings to be resolved varies. In Texas, there is a minimum of 60 days from the time a divorce is filed for it to be finalized. The amount of time a case lasts beyond that depends on the complexity of the marital estate, whether or not children are involved, and how long it takes to reach an agreement.
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.
Why should you hire Terry & Roberts for your divorce?
You need a divorce lawyer in Pearland, Texas who will work hard to help you hold onto the things you hold most dear as you and your spouse part ways. The lawyers of Terry & Roberts fight for our clients’ rights and their most valuable assets. We can help negotiate peacefully with your spouse and their attorney when possible, but we are also prepared to go toe to toe with the opposition if necessary.
Why should I choose a Pearland attorney who focuses exclusively on family law?
Many attorneys hold themselves out as experienced divorce attorneys, when they only practice family law on a part-time basis. These firms also spend time devoted to other disciplines, such as criminal law, estate planning, and/or personal injury law. When you work with a Terry & Roberts attorney, you have the peace of mind of knowing that your lawyer is focused exclusively on family law matters and spends all their time protecting the interests of clients like you who are facing divorce and other family law issues.
What are the residency requirements to obtain a Texas divorce?
To file for divorce in Texas, one spouse must have been a resident of the state for a continuous six-month period prior to filing. Further, one spouse must have resided in the county of filing for at least 90 days.
Is there a waiting period for a Texas divorce?
While there are exceptions when family violence is an issue, as a general rule a Texas court cannot grant a divorce until at least 60 days after the filing of the divorce petition.
Can I get alimony in my Texas divorce?
While either spouse in a Texas divorce can ask the court to award spousal maintenance, in order to be successful, Texas law requires you to demonstrate that you meet the legal criteria for spousal support. This includes:
- Showing that your spouse was convicted of family violence against you or your children within two years of the divorce filing or while the divorce is pending
- Demonstrating that you are unable to earn enough income to be self-supporting because of a physical or mental disability
- You and your spouse have been married for 10 or more years and you lack the ability to earn enough money to meet your basic needs, or
- You are the custodial parent of a child who requires a level of care or personal supervision which prevents you from working
An experienced Pearland divorce lawyer will be able to evaluate whether or not you meet the legal criteria for receiving alimony and, if appropriate, advocate for spousal support on your behalf in family court.
What if I need temporary support while the divorce is pending?
The court can issue temporary spousal support if you can show a need. Generally speaking, temporary support will only be ordered if you are unemployed or you earn significantly less than your spouse. Whether to award temporary support and how much will be awarded is left to the discretion of the judge.
How much child support can I expect to receive?
In Texas, noncustodial parents are required to pay a percentage of their income in child support pursuant to state guidelines. The guidelines take into account the noncustodial parent’s net income and whether they are also supporting other children. In some instances, you may be able to receive more financial support if you can support a claim for “above guideline support.” Your divorce lawyer will be able to advise you on whether your circumstances warrant this extra child support and how much you can reasonably expect the court to award
Are you ready to file for divorce? Contact Terry us today to schedule a consultation: (979) 849-4387.