Divorce

Galveston County Divorce Lawyers

An Experienced Guide to the Divorce Process

Divorce has a wide-ranging impact on a person’s life. Not only can this process be stressful for them and their family, but it can also bring significant changes to their finances, their home and their relationships. Every person navigating the divorce process deserves to have experienced guidance.

Richmond Law Firm, is proud to offer personalized advice to people going through a divorce in Brazoria, Galveston, Harris, and surrounding counties. Recognized for her work in divorce law, Attorney Lacey N. Richmond brings years of experience to every case, understanding how much is at stake in divorce and providing compassion, sound legal guidance, and tenacious representation.

Schedule a free initial consultation by calling our firm at (281) 992-1600 or filling out our online contact form today.

Addressing the Many Ways Divorce Can Impact Your Life

At Richmond Law Firm, we help clients explore their options to determine which path through the divorce process will best suit their needs. Whether reducing conflict through alternative options like mediation or aggressively representing your interests in court, we will help you explore all available approaches to the divorce process.

Divorce can impact many areas of your life, and we are also prepared to help you address related issues like:

Dividing savings, retirement accounts, marital homes, and other property
Pursuing spousal maintenance (sometimes called spousal support or alimony)
Creating parenting plans that support your connection to your child
Reaching fair child support orders

We center the needs of our clients as they end their marriage and give them the information they need to make informed decisions that support their future goals

Experienced Texas Contested Divorce Lawyer

When a couple decides to divorce in Texas and they cannot agree on key issues such as property division, child custody, or spousal support, the process is classified as a contested divorce. This type of divorce can be more complex and emotionally challenging than an uncontested divorce, where both parties agree on all terms. Contested divorces require a thorough understanding of legal procedures and an adept handling of disputes to reach a resolution that protects the interests and rights of the client.

If you are facing the prospect of a contested divorce, it’s crucial to have a dedicated attorney by your side to guide you through each step and help manage the legal and emotional aspects of your case. Our skilled Texas contested divorce attorneys at Richmond Law Firm are ready to assist you with their comprehensive legal knowledge and committed support.

What Constitutes a Contested Divorce?

As mentioned, a contested divorce occurs when the spouses are unable to agree on one or more key issues pertaining to the dissolution of their marriage, requiring judicial intervention to resolve these disputes. A contested divorce is characterized by the lack of mutual agreement on matters such as asset division, child custody, spousal support, or other critical issues. In these situations, it becomes necessary for the court to intervene and make decisions based on the evidence and arguments presented by both parties.

Grounds for Filing a Contested Divorce in Texas

In Texas, a divorce can be granted based on either “no-fault” grounds, where neither party is considered at fault for the dissolution of the marriage, or on “fault-based” grounds, where one spouse’s misconduct has led to the breakdown of the marriage.

No-Fault Divorce

In Texas, a no-fault divorce allows couples to dissolve their marriage without the need to prove wrongdoing by either party. This approach reflects an acknowledgment that sometimes marriages fail not due to specific actions of either spouse but due to irreconcilable differences that prevent the marriage from continuing.

The primary ground for a no-fault divorce in Texas is “insupportability,” which implies that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

To file for a no-fault divorce, one spouse (the petitioner) simply needs to file a petition for divorce stating that the marriage has become insupportable. The other spouse can agree to the terms of the divorce petition and if they do not contest the divorce, the process can proceed as an uncontested divorce. A mandatory waiting period of 60 days from the filing date must pass before the divorce can be finalized, allowing couples a chance to reconsider or proceed with reconciliation efforts. If the other spouse decides to contest the terms of the divorce, the case would proceed as a no-fault contested divorce to allow the court to determine the terms of their split.

Fault-Based Divorce

A fault-based divorce alleges that one spouse’s actions or misconduct contributed to the breakdown of the marriage. The determination of fault in such a divorce can impact various aspects of the final settlement, including property division and spousal support.

Here are a few of the recognized fault-based grounds for divorce in Texas:

Cruelty: One spouse can file for divorce based on cruelty, which is when the other spouse’s treatment is so harsh that living together becomes unbearable. This includes both physical and emotional abuse. Proving cruelty can influence the court’s decisions on matters like custody of children and division of assets, potentially favoring the victimized spouse.
Adultery: Adultery occurs when one spouse has voluntary sexual relations with someone other than their spouse. The spouse who files for divorce must prove the adultery occurred, which can be through direct evidence or circumstantial evidence that suggests both opportunity and inclination. Like cruelty, proven adultery may affect alimony, custody, and property division by swaying the court’s opinion against the adulterous spouse.
Conviction of a Felony: If one spouse has been convicted of a felony during the marriage and has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or a penitentiary in another state (without the possibility of pardon), the other spouse has grounds to file for divorce. The imprisonment must not be based on the testimony of the spouse seeking the divorce.
Abandonment: Abandonment can be claimed as a ground for divorce if one spouse has intentionally left the other with the intention of abandonment and has stayed away for at least one continuous year. Abandonment not only includes leaving the marital home but also the intent not to return. Proving abandonment can influence the court’s rulings on the divorce terms.

Fault-based divorce grounds require substantial proof and can lead to a more contentious divorce process. Parties considering filing for divorce on these grounds should consult with legal counsel to understand how the alleged fault might impact the divorce decree and to ensure their rights and interests are adequately represented and protected.

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“Amazing, Caring Job”
“Lacey did an amazing, caring job handling my daughter’s divorce from an abusive husband. Somehow, she helped my daughter have hope and get her power back after years of abuse. I’m so thankful for the GREAT professional she is!”

- Kathy W.
“She Truly Cares”
“Lacey did an amazing job at representing me in a divorce case. She fought in mediation to equally separate assets and debts after opposing counsel wanted disproportionate amounts. She truly cares and looks after her clients.”

- John V.
“Couldn't Ask for More”
“Lacey is amazing to work with! She handled our custody modification and we couldn't have asked for a better outcome!”

- Jenn D.
“Highly Recommend”
“I have used Lacey twice now. She is amazing! Has helped me every step of the way with both cases. Communication is excellent and she responds quickly to all my questions and concerns. Always gives updates as she gets them.”

- Emma B.
“An Answer to My Prayer”
“Working with Lacey was like taking a breath of fresh air during such a difficult time. She is quick to respond and answered my questions in detail. I am finally at peace and excited to start a new chapter in my life.”

- Velckis V.
“She Goes Above and Beyond”
“She goes above and beyond and works very hard for her clients. I feel lucky to have met her, as she has made dealing with a difficult co-parent less stressful. I am forever grateful for Lacey!”

- Bebe T.
“She's Awesome”
“Lacey is the best lawyer out there; she is walking me through every step of my divorce and custody arrangements. She's awesome!!!!”

- Amber P.
“Comfortable and Safe”
“Ms. Lacey and her team have been solid. I feel comfortable and safe in a court room with Ms Lacey in my corner and will continue to use her services in the future.”

- Jimmy

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Should You File a Fault-Based Divorce in Texas?

In Texas divorce proceedings, the determination of fault can influence the division of property but does not generally impact other aspects of the divorce such as child custody or child support.

When a court finds that one spouse is at fault for the breakdown of the marriage, this may lead to an unequal division of shared property. The court has the discretion to award a greater share of the marital assets to the non-faulting spouse. However, this finding of fault does not extend to either spouse’s rights or obligations regarding child custody and child support.

Child custody decisions are made independently of the reasons for the marital breakdown. The primary consideration in custody arrangements is the best interests of the child, which includes factors like the child’s emotional and physical well-being, rather than the parental faults that led to the divorce.

Similarly, child support is determined based on the needs of the child and the financial capabilities of the parents, not on marital misconduct. The obligation to support one’s child financially and the right to receive child support remain unchanged, regardless of any fault in the dissolution of the marriage.

In Texas, establishing fault in a divorce can significantly affect the division of marital assets, but it does not impact decisions regarding child custody or child support. A skilled contested divorce lawyer from Richmond Law Firm, can provide valuable assistance in these matters. Our attorneys can help gather and present the necessary evidence to prove fault effectively, which may influence the financial outcome of the divorce in your favor.

Despite the non-effect of fault on child custody and support, having experienced legal representation ensures that all aspects of your divorce, including those related to your children, are handled with care and professionalism.

What Is the Divorce Process in Texas?

The divorce process in Texas starts when one spouse files a Petition for Divorce in the district court of the county where at least one of the spouses has lived for a minimum of the last 90 days. The petition needs to declare the grounds for divorce, which can be “no-fault” or based on one of the fault grounds recognized by Texas law. It must also include detailed information about children, property, and other relevant matters to properly prepare for the ensuing legal procedures.

The Role of Temporary Orders in Divorce Proceedings

Following the filing of the divorce petition, a spouse may seek temporary orders. These orders are crucial as they address immediate necessities and help maintain the status quo while the divorce is being processed. Temporary orders can govern a variety of issues, including child custody, child support, spousal support, and the temporary use of property and financial assets. They provide both parties with clear guidelines and support during the divorce process, helping to prevent any unilateral actions that might upset the balance of interests.

Steps Involved in the Discovery Phase

The discovery phase plays a vital role in the divorce process, particularly in contested divorces. This phase involves the exchange of information and documents crucial to the divorce, such as financial records, property evaluations, and personal details that may influence decisions regarding custody and asset division. Utilizing discovery tools such as interrogatories, depositions, and requests for admission, both spouses and their lawyers can collect essential facts, prepare their cases thoroughly, and enter negotiations or trials with a well-rounded understanding of the marital estate and individual circumstances.

A skilled Texas contested divorce lawyer from Richmond Law Firm, can be instrumental throughout these stages. From accurately filing the initial petition with a clear statement of grounds for divorce to tackling temporary orders and managing the comprehensive discovery process, a lawyer from this firm can offer crucial guidance and advocacy. Their experience in handling contested divorces allows them to effectively represent their clients’ interests, ensuring that all legal procedures are followed correctly and that their clients are well-prepared for negotiations or court proceedings.

Child Custody (Conservatorship) & Support Issues

In Texas, child custody, known legally as conservatorship, and child support are pivotal aspects of divorce proceedings, especially in contested divorces where agreements on these issues cannot be reached mutually. Texas law prefers to award joint managing conservatorship, which allows both parents to share in the decision-making responsibilities for the child, unless there is a significant reason to rule otherwise. This approach recognizes the importance of having both parents actively involved in the child’s life post-divorce. However, the specific terms of conservatorship, such as who makes legal, educational, and medical decisions, can vary based on the child’s best interests.

Determining Conservatorship & Parenting Time

In Texas, decisions regarding conservatorship and the establishment of parenting time schedules are based primarily on the child’s best interests. When determining these arrangements, factors such as the child’s age, physical and emotional needs, each parent’s living situation, and historical involvement in the child’s life are carefully considered. The courts strive to create a parenting plan that allows for stable and meaningful engagement with both parents while taking into account the logistical and practical aspects of the child’s everyday life.

Calculating Child Support in Contested Cases

In Texas, the calculation of child support typically starts with a percentage of the non-custodial parent’s income and varies based on the number of children involved. In contested cases, other elements such as the child’s special needs and any extraordinary educational or healthcare expenses may also be considered. These factors may affect the final child support determination. It is essential for parents to provide precise and comprehensive financial information to facilitate a fair assessment of support amounts. Your attorney can help ensure that all relevant financial details are meticulously documented and presented. Working with a skilled lawyer can be vital in arguing for a child support order that reflects the true needs of your child and the financial realities of both parents.

Modifications to Conservatorship & Support Orders

Circumstances may change post-divorce that necessitate modifications to conservatorship or child support orders. Such changes can include a parent’s relocation, shifts in income, or the evolving needs of the child as they grow. To successfully modify an existing order, the requesting party must show that these changes are material and substantial, and that updating the order is imperative for the child’s best interests.

The attorneys at Richmond Law Firm are equipped to handle such modifications. They can assist in gathering and presenting evidence that demonstrates the necessity of the proposed changes, aiming to secure an outcome that continues to prioritize the well-being of your child under the new circumstances.

Spousal Maintenance

The Texas Family Code does not include provisions for “alimony”, but rather, provides provisions for spousal maintenance.

Texas law sets specific criteria for eligibility for spousal maintenance. If one spouse has been convicted or received deferred adjudication for a family violence offense against the other spouse or their child, this fact can influence spousal maintenance decisions regardless of how long the marriage lasted. This applies if the offense occurred within two years prior to filing for divorce or during the divorce proceedings.

For marriages that have lasted at least ten years, spousal maintenance may be warranted if the spouse seeking support, referred to as the obligee, demonstrates a lack of sufficient property or income to meet their reasonable needs. This situation is especially applicable if the obligee is either disabled, is the primary caretaker of a disabled child, or lacks the earning capacity to support their minimum reasonable needs.

Furthermore, both parties may agree to a specific time frame for paying spousal maintenance.

In scenarios involving a sponsored immigrant, the immigrant spouse has the right to invoke the Affidavit of Support previously signed by their sponsoring spouse. This document compels the sponsor to provide financial support that meets at least 125 percent of the Federal Poverty Guidelines. This support obligation remains until the immigrant spouse either becomes a U.S. citizen or earns 40 work credits, which is generally equivalent to ten years of work in the U.S.

Calculating Amount & Duration of Spousal Maintenance

In Texas, determining the amount and duration of spousal maintenance involves several factors, such as the length of the marriage, the financial resources of each spouse, contributions made to the marriage including homemaking and education, and any instances of marital misconduct. Under Texas law, spousal maintenance is capped at either $5,000 per month or 20% of the payor’s average monthly gross income, whichever is less. The duration of the spousal maintenance payments typically relates to the length of the marriage, offering a guideline for the maximum period that spousal support can be required.

A skilled Texas contested divorce lawyer from Richmond Law Firm can offer valuable assistance in these matters. We can help you understand how these factors may impact your specific situation and work towards achieving a favorable outcome. Our attorneys can assess financial situation, contributions to the marriage, and any relevant misconduct, and effectively argue for a fair determination of spousal maintenance that reflects the client’s needs and circumstances.

High-Conflict Divorce Resolution in Texas

In Texas, high-conflict divorces pose unique challenges that require careful handling to mitigate adverse effects on all parties involved, particularly when children are concerned. This section provides insights into managing the emotional and psychological aspects of high-conflict divorces, strategies to address parental alienation, and approaches to deal with false allegations and protective orders effectively.

Managing Emotional & Psychological Aspects of a Contested Divorce

High-conflict divorces in Texas present distinct challenges that require careful management to minimize negative effects, especially when children are involved. These types of divorces can deeply affect the emotional and psychological health of both spouses and their children. It is often critical to involve mental health professionals who can provide counseling to both adults and children.

Building a support network of therapists and counselors experienced in marital dissolution can offer essential emotional support. Additionally, it is advantageous for attorneys to collaborate closely with these professionals to ensure that their legal strategies are sensitive to the psychological needs of their clients.

Strategies for Addressing Parental Alienation

Parental alienation is a significant issue in high-conflict divorces, where one parent may try to turn the children against the other parent. Addressing this problem requires a detailed approach, including meticulous documentation of alienation incidents and seeking appropriate court interventions when needed. Legal professionals often suggest family therapy as a corrective action and, in extreme cases, may advise altering custody arrangements to safeguard the children’s welfare and preserve their relationships with both parents.

Dealing with False Allegations & Protective Orders

False allegations, especially those involving abuse, can intensify conflicts and make divorce proceedings more complex. Addressing these allegations necessitates a precise legal strategy that involves collecting ample evidence and securing witness testimonies to challenge the accusations. Handling protective orders, whether they stem from unfounded claims or legitimate concerns, must be approached with seriousness and respect. Legal representation is vital in managing these situations, ensuring that actions are timely and legally sound while protecting the rights and safety of all parties involved.

In these challenging scenarios, a skilled Texas contested divorce lawyer from Richmond Law Firm can provide invaluable assistance. Our lawyers are equipped to handle high-conflict divorces, offering sound legal advice and robust representation. We work diligently to safeguard our clients’ interests, focusing on achieving outcomes that are fair and prioritize the psychological health and well-being of the entire family.

Contact An Experienced Texas Divorce Attorney

Divorce can leave you with questions. Attorney Lacey N. Richmond is ready to offer answers in a no-cost, 15-minute consultation.

You can schedule a consultation by calling our Galveston County divorce lawyers at (281) 992-1600 or contact us online to learn more.

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