Every person strives for a happy and healthy family. However, there are times when the family dynamics change, such as during a divorce, which can hurt the family structure.
When facing such an issue, an experienced divorce lawyer in Tomball, Texas can help you navigate the difficult times and arrive at solutions that work for you and your family.
Our goal at Bolton Law is to help you move on with confidence. Our Tomball family lawyers can review the details of your case, whether it’s a contested or uncontested divorce, and explain the best options available to you.
We always aim to provide each of our clients personalized, one-on-one attention and draw from our knowledge and expertise to deliver favorable outcomes. You can get in touch with us anytime by calling 281-351-7897 or using our online contact form.
What Are the Grounds for Divorce in Texas?
In Texas, before you consider divorce, you should look into the grounds for divorce to find out if you are eligible. The laws of Texas recognize 7 grounds for divorce including a no-fault option. Proving grounds for divorce isn’t a walk in the park. Thus, you should always involve a seasoned divorce attorney.
You should be aware that to qualify for divorce in Tomball or elsewhere in Texas, the law requires you to be able to prove any of the following reasons:
Insupportability
This is a “no-fault” basis for divorce which according to the Texas Family Code, allows parties to file divorce petitions and be granted a divorce without regard to fault. Marriage becomes insupportable when there is no possibility of reconciliation. In other states, insupportability is referred to as “irreconcilable differences.”
Cruelty
Cruelty is the second reason for divorce. When one party is found to be guilty of cruelty that makes it impossible for the couple to live together in the future, the other spouse can file a divorce petition.
Adultery
The third reason for divorce in Texas is adultery. You can file for divorce because of adultery. But, to be eligible, you must submit proof that your spouse committed adultery.
Conviction of a Felony
In Texas, the fourth ground for divorce is a standing conviction of a felony together with a prison sentence. To be eligible for a divorce because of a felony conviction, the spouse seeking divorce must prove that their partner has been found guilty of a felony offense, has served a one-year prison sentence, and has not been pardoned for the felonies.
If the spouse filing the divorce petition gave a testimony leading to their partner’s sentencing, this ground for divorce is irrelevant.
Abandonment
In Texas, the fifth ground for divorce is abandonment. To prove abandonment, the spouse seeking marriage dissolution must prove that their partner left and stayed away for at least a year.
Living Apart
Living apart is another “no-fault” divorce alternative. The court can grant a divorce if you and your spouse have lived separately for 3 or more years without ever cohabiting.
Confinement in a Psychiatric Hospital
You can also be eligible for divorce when your spouse is mentally ill and has been confined to a psychiatric hospital with little or no hope of recovery.
Contact a divorce lawyer in Tomball, TX if you need help ascertaining divorce grounds. Our seasoned divorce attorneys at Bolton Law can discuss the different grounds for divorce with you and help you understand the best option for your divorce case.
What Is a “No-Fault” Divorce?
In Texas, the most common type of divorce is the no-fault divorce.
A couple can agree that they no longer want to be married and jointly file a no-fault divorce when neither spouse is to blame for the dissolution of the marriage.
Couples in Texas can also file for uncontested divorce – a type of no-fault divorce where both parties agree on terms like custody, asset division, alimony, visitation, and other aspects.
What Is the Difference Between Legal and Physical Custody?
Legal custody involves making decisions with regard to the child’s life. Legal custody gives the parent the right to make decisions about the child’s schooling and education, religious upbringing, and medical care.
Physical custody involves the daily caretaking of the child. Parents with physical custody have the right and obligation to take care of the child. Physical custody gives the custodial parent the right to live with the child.
Typically, one parent gets primary physical custody while the other gets secondary physical custody.
The following is a list of the factors the judge may take into consideration when determining custody:
- The child’s wishes (usually applies to children of age 12 or older)
- The physical and emotional needs of the child
- The physical and emotional danger to the child (presently and in the future)
- The parenting abilities and capacities of the individuals seeking custody
- The plans the individual seeking custody has for the children
- The programs available to help the individual in promoting the best interests of the child
- The stability of the proposed home or placement
- The relationship between the children and each parent
- Any history of violence from either parent
How Is Child Support Determined?
State laws govern how child support is determined in Texas. But, a judge has some say in the calculations.
Child support isn’t voluntary in Texas. If a court decides that you must pay a certain amount of support, you are obliged to do so by the law. Many times, parents stop paying support or pay less than the required amount due to changes in their financial situation. They might encounter unprecedented medical bills or they may be fired. However, parents can also stop paying to influence a better divorce or custody order.
If you can’t afford child support, you could ask for your obligations to be reduced.
Determination of Who Pays Child Support
The period a parent spends with a child (physical custody) determines who pays support. Often, the non-custodial parent (the parent with legal custody) pays child support and is referred to as the “obligor.” Whether you are paying child support or not, the money is exclusively for the benefit of your child or children.
How Is the Amount of Child Support Determined in Texas?
A percentage of the obligor’s income dictates the amount of child support. While parents can agree to pay more child support than what the state’s guidelines require, they can not decide to pay less even if they both agree to do so. The court ultimately decides and approves the amount of child support.
The custodial parent must also contribute to the costs of the child’s upbringing. Child support payment computation begins with the non-custodial parent’s gross income, minus some costs for a net income takes the number of children into account, and then takes a percentage of that figure.
How Will Property Be Split in the Divorce?
If you are planning to file for divorce in Tomball, you should learn more about how Texas handles asset division in divorces.
Being a “community property” state, you would expect the courts In Texas to do a 50/50 split when dividing the assets and debts from a marriage between the spouses. But, things are a little bit different in Texas when it comes to asset division thanks to the Texas Family Code.
The process of asset division in Texas begins with classifying separate and community property. The Texas Family Code defines separate property as assets owned before the date of your nuptials, assets acquired during your marriage as compensation in a personal injury case, assets acquired during marriage through inheritance, or assets acquired as a gift from a third party.
Prior to Courts in Texas starting the proceedings of splitting assets in your divorce case, the court will have to classify all assets owned by you and your spouse as separate property or community property.
Almost all other assets will be classified as community property except if they have been excluded through a postnuptial or prenuptial agreement. As per the Texas Family Code, community property is property acquired during marriage by either spouse including both assets and debts.
Unless you can prove otherwise, there is a premise that any assets you or your spouse possess at the time of the divorce are community property. You will need clear and convincing evidence to show that your assets are separate property.
What Is Equitable Division and How Does It Work in Texas?
Equitable division is the division of community property in a manner that the court adjudges to be just and right with due regard for any children in the marriage and the rights of the parties involved as per the Texas Family Code.
Even though Texas is a community property state, assets are not just split 50/50 between spouses. Instead, they are distributed equitably or in a way that is just and right considering the particular situation of the couple. The court can deem a 50/50 split “just and right” in some marriages.
The court might consider the following factors in deciding what an equitable division of community assets is:
- The duration of the marriage
- Health conditions of the spouses
- Level of education of the spouses
- Size of the separate estates (or assets) of the spouses
- Differences in the earning capacities of the spouses
- Custody of minor children from the marriage
- Nature of the assets up for division
- Contributions of one spouse to the home and to raising children during the marriage
- Fault for the divorce
The experienced divorce attorneys at Bolton Law in Tomball can help with any questions about asset division in Texas.
What Happens to the House After a Divorce in Texas?
You might be asking yourself who will get the house in the final decree of your Texas divorce. This question is heavily reliant on whether the house is separate property or community property.
Both spouses could get half of the value of the house after selling the property. One spouse might buy out the other’s share of the equity. These are not the only options either.
It’s important to consider whether someone paid for the house before marriage or used separate money to pay for the downpayment. In this case, the house might be theirs. Normally in a Texas divorce, every party keeps their separate property and the judge divides the community property equitably between the parties.
How Long Will a Texas Divorce Take?
You may be wondering how long it will take to end your marriage in Texas. Well, Texas has a mandatory 60-day waiting period. This means the outright quickest period that marriage dissolution can be finalized in Texas is 61 days.
Realistically, divorces will take longer in Texas, typically ranging from 6 months to a year. Divorces that involve a lot of assets and children will take longer.
Bolton Law divorce attorneys are dedicated to moving your divorce process along quicker and also getting you the best possible resolution.
How Much Will a Divorce Lawyer Cost in Tomball, TX?
Each divorce case is unique. Consequently, calculating the cost in advance can be tricky. However, most divorce attorneys in Tomball, TX, charge between $3,000 and $5,000 to initiate a divorce proceeding, and then you will have to pay roughly $300 to $500 per hour moving forward.
Frequently Asked Questions About Divorce in Tomball, TX
How is property divided during a divorce in Tomball, TX?
In Tomball, TX, property division during a divorce follows Texas’s community property laws. This means that assets acquired during the marriage are considered community property and are subject to equitable division by the court. Factors such as the duration of the marriage, each spouse’s earning capacity, and contributions to the marriage are considered in the division process.
Can I file for legal separation instead of divorce in Tomball, Texas?
Texas does not recognize legal separation. However, couples can enter into a separation agreement to address issues like property division, child custody, and support without formally divorcing. It’s advisable to consult with a divorce lawyer in Tomball to understand the implications and options available.
How does adultery impact alimony decisions in Tomball, TX divorces?
In Tomball, TX, adultery can influence alimony (spousal support) decisions. If one spouse’s infidelity is proven, the court may consider this misconduct when determining the amount and duration of spousal support. It’s essential to provide substantial evidence of adultery for it to impact alimony decisions.
What steps should I take to start the divorce process in Tomball, Texas?
To initiate the divorce process in Tomball, Texas, you should:
- Consult with a qualified divorce attorney to discuss your situation and legal options.
- File an Original Petition for Divorce with the appropriate district court.
- Serve your spouse with the divorce papers.
- Attend court hearings and mediation sessions as required.
- Finalize the divorce through a court decree.
Each case is unique, so it’s important to seek legal advice tailored to your circumstances.
How does the court determine child custody in Tomball, TX divorces?
In Tomball, TX, child custody decisions are based on the best interests of the child. The court considers factors such as each parent’s ability to care for the child, the child’s relationship with each parent, and the child’s needs. The goal is to provide a stable and supportive environment for the child’s development.
Are retirement accounts subject to division in a Tomball, Texas divorce?
Yes, in Tomball, Texas, retirement accounts are considered community property if they were acquired or contributed to during the marriage. This includes 401(k) plans, pensions, and other retirement savings. The court will divide these assets equitably between spouses, considering factors like the length of the marriage and each spouse’s financial situation.
Can I request my spouse to pay my attorney fees in a Tomball, TX divorce?
In Tomball, TX, it’s possible to request that your spouse pay your attorney fees during a divorce. The court may grant this request based on factors such as the financial disparity between spouses and the conduct of each party during the divorce proceedings. Consulting with a divorce attorney can provide guidance on the likelihood of such a request being approved in your case.
Helpful Resources for Divorce in Texas
Explore our curated resources to deepen your understanding of the divorce process in Texas. Each blog provides essential insights into specific aspects of divorce, from financial preparation to understanding Texas laws, making it easier to navigate your journey with confidence.
- How Bankruptcy Affects Divorce in Texas. Discover the impact of bankruptcy on divorce proceedings, including how Chapter 7 and Chapter 13 bankruptcies can influence asset division and debt management in Texas divorces.
- Types of Divorce in Texas. Learn about the different types of divorce in Texas, including contested, uncontested, and default divorces. This guide explains each option, helping you determine the best path for your unique situation.
- Average Cost of Divorce in Texas. Explore the typical expenses associated with divorce in Texas, from legal fees to court costs. This blog provides an overview of factors that can influence the overall cost, ensuring you’re financially prepared.
- How Does Divorce Work for Green Card Holders? If you or your spouse are green card holders, this resource explains how divorce may affect immigration status, including the potential impact on residency and citizenship applications.
- How to Prepare for Divorce Financially. Financial preparation is key to a successful divorce. Learn strategies for organizing assets, budgeting, and safeguarding your financial future before starting the divorce process.
- The Emotional Impact of Divorce on Teenagers. Understand the unique emotional challenges that teenagers face during their parents’ divorce. This guide offers tips on supporting teens through this life transition and fostering open communication.
- Is Texas a No-Fault Divorce State? Discover what it means for Texas to be a no-fault divorce state and how this affects the grounds for divorce. Learn about the legal options available for filing on both no-fault and fault-based grounds.
These resources cover critical topics in divorce law, offering a well-rounded understanding to assist in planning and decision-making. Whether you’re preparing for the financial, emotional, or legal aspects, these insights provide valuable guidance tailored to Texas divorce law.
Contact a Trusted Divorce Lawyer in Tomball Today!
At Bolton Law, our number one priority is to protect your interests and ensure the well-being of your children. While there are times when we encourage our clients to resolve their divorce through mediation, we are equally prepared to take the matter to court.
Filing for divorce is a tough decision. That is why you need an experienced divorce lawyer in Tomball by your side.
Call our Tomball office today at 281-351-7897 to consult our Texas divorce attorneys.
