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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, PLLC are ready to assist you with their comprehensive legal knowledge and committed support. Our Galveston County family law attorneys strive to achieve resolutions that are not only legally sound but also tailored to meet your personal circumstances and needs.
Contact Richmond Law Firm, PLLC today at (281) 992-1600 for tailored legal assistance and quality advocacy throughout your divorce proceedings.
Lacey has been absolutely amazing through my divorce. I recommend her every chance I get!
Celesa Williams
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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.
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.
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.
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:
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.
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 does not impact decisions regarding child custody or child support. A skilled Texas contested divorce lawyer from Richmond Law Firm, PLLC, 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.
Contact us today at (281) 992-1600 for a complimentary consultation.
A friend referred me to Lacey a few years ago. Have used her 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. Highly recommend!!! Thanks Lacey!!
Emma Burton
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.
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.
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, PLLC, 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.
Lacey really made this divorce process seamless. She is knowledgeable and informative, gets the paperwork to you and filed quickly, and at the 60 day mark I had the unofficial signed paperwork by the judge. Highly recommend her!
Brittainy
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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.
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.
A skilled Texas contested divorce lawyer from Richmond Law Firm, PLLC can provide crucial assistance in these matters. They can help articulate the nuances of your situation to the court, aiming to establish a parenting plan that best supports your child’s needs and maintains your parental rights and responsibilities.
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.
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, PLLC 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.
Enlisting the support of a knowledgeable attorney from Richmond Law Firm, PLLC, can help you effectively address the legal challenges associated with conservatorship, parenting time, and child support in the context of Texas family law.
To learn more about how we can help you, contact us today at (281) 992-1600 for a free consultation.
Lacey was amazing! I felt as if I were her only client, she was so thorough and responsive.
Anonymous
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Community property division is a critical aspect of divorce proceedings in Texas, which is one of the states that adhere to the community property principle. Under this system, most property acquired by either spouse during the marriage is considered community property and, therefore, must be divided equitably between the spouses upon divorce.
Community property includes all earnings during the marriage and everything acquired with those earnings. It also encompasses all debts incurred during the marriage. Each spouse has an equal ownership interest in the community property, meaning that in the event of a divorce, the property should be divided equally unless there is a compelling reason to do otherwise.
Separate property is not subject to division in a divorce and includes:
Proving that property is separate and not community property is crucial, as it affects how assets are distributed in the divorce.
In Texas, the law requires that the division of community property be “just and right.” This does not necessarily mean an equal (50/50) split but rather an equitable one based on several factors, including:
In contested divorce cases, disputes often arise over the classification of property as either community or separate, the valuation of various assets, and the actual division of these assets. Each spouse may have different views on what is equitable, leading to complex negotiations or court battles.
While Texas is a no-fault divorce state, fault grounds such as adultery or cruelty can impact the division of community property. If fault is proven, the court may award a larger portion of the community estate to the non-faulting spouse as a form of economic redress. This consideration is particularly influential when one spouse’s misconduct has financial implications for the marital estate or the other spouse’s economic standing.
A skilled divorce lawyer from Richmond Law Firm, PLLC can be invaluable in contested community property division cases by assisting in the identification and classification of assets as either community or separate property. We can help ensure that all significant assets are accurately valued and advocate for a division that safeguards your financial interests. Our attorneys can negotiate settlements that can prevent lengthy court disputes and we are prepared to represent your interests in court should negotiations fail to yield an agreeable resolution.
Call us today at (281) 992-1600 for a free consultation.
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.
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, PLLC 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.
Call our office today at (281) 992-1600 for a consultation.
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.
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.
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.
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, PLLC 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.
| Fault-Based Grounds | Description |
|---|---|
| Cruelty | Occurs when one spouse’s harsh treatment, whether physical or emotional, makes living together unbearable. Proving cruelty can impact decisions on custody and asset division. |
| Adultery | Involves voluntary sexual relations with someone outside the marriage. Proof can be direct or circumstantial and may affect alimony, custody, and property division. |
| Conviction of a Felony | A spouse convicted and imprisoned for at least one year without a pardon is grounds for divorce. The imprisonment must not be based on the testimony of the spouse filing for divorce. |
| Abandonment | Claimed when a spouse has intentionally left the other and remained absent for at least one year with no intention of returning. Proof of abandonment influences the divorce terms. |
Tackling a contested divorce in Texas involves more than just legal knowledge—it requires sensitivity to the emotional turmoil involved. The attorneys at Richmond Law Firm, PLLC bring a thorough understanding of Texas divorce law combined with a compassionate approach to each case. We work diligently to manage the complicated aspects of your contested divorce while guiding you through both the emotional and legal challenges.
If you are preparing for a contested divorce, don’t face it alone
Reach out to Richmond Law Firm, PLLC for guidance and support. Call us at (281) 992-1600 to discuss your case and learn how we can assist you in achieving a resolution that respects your needs and interests.
I am beyond grateful for being represented by Lacey. She is a class act. The other side was out for blood. My ex is an attorney, and they tried all the dirty tricks in the book. But, it was all for nothing. I feel very strongly that if I went with another attorney my outcome would have been substantially different. Thank you, Lacey!
Ray 'Trey' Currid
