The Woodlands, TX Divorce Attorney
Top-Rated Divorce Lawyer Representing Clients in The Woodlands, Texas
The Woodlands is a master-planned community in Montgomery, TX, and is one of the most beautiful places to live in the state. But as luxurious as living in The Woodlands may be, families in this area still face conflict, strife, and marital discord. At the Law Offices of Tad Nelson & Associates, our lawyer understands that getting a divorce may not be something that you planned on, but could be the best option for you and your family moving forward. If you are thinking about a divorce, don’t do it alone; instead, call our The Woodlands, TX divorce lawyer for advice and legal counsel that you can trust.
Grounds for Divorce in Texas
Before you head to the Montgomery County Clerk’s office to file your petition for divorce, you’ll first need to understand on what grounds you can seek a divorce in our state. Most people pursue divorce in The Woodlands based on no-fault grounds: the insupportability of the marriage. If you are filing for a divorce based on the insupportability of the marriage, you are merely claiming that the marriage has become insupportable based on “discord or conflict of personalities that destroys the legitimate ends of the marital relationship…” You are not claiming that your spouse has done something specific that has led to the divorce.
There are also a variety of fault-based grounds in Texas. If you pursue a divorce based on the fault of your spouse, you will have to prove their fault in order for the court to grant the divorce. Fault-based grounds for divorce in Texas, as found in Texas Family Code Chapter 6, Subchapter 1, include:
- Conviction of a felony;
- Abandonment; and
- Confinement in a mental hospital.
In addition to the above, a court may also grant a dissolution for divorce if the couple has lived separate and apart without cohabitation for at least three years.
When Will a Divorce Be Granted?
One common question that our law firm hears from clients is in regards to how long a divorce will take to finalize. The answer is: it depends. The two biggest factors that will have an effect on a divorce are a) whether or not the divorce is contested or uncontested, and b) whether or not the couple divorce has minor children.
If the divorce is contested, then at least one issue in the divorce is not agreed upon. Issues that a couple must resolve before a divorce can be finalized include:
- How to divide marital property and assets and how to split debts;
- Where children will live and what the parental responsibilities of each parent will be; and
- Whether or not alimony (spousal maintenance) will be a part of the divorce settlement.
If the divorce is contested, then the above issues must be resolved before a court will finalize the divorce. If mediation fails, then the couple must go to court to litigate the divorce, and a judge will make the ultimate decision regarding the above issues.
If a divorce is uncontested, on the other hand, then the couple will have a relatively quick and easy divorce. There is a mandatory waiting period of 60 days following the filing of paperwork for an uncontested divorce. Uncontested divorces are generally relatively cheap divorces, too.
Another thing that may complicate the divorce process is having minor children, as parents must create a parenting plan before the divorce can be finalized. Parents are strongly encouraged to create the parenting plan together, as asking a judge to make a determination related to parental rights can be expensive, time-consuming, and traumatizing for both the parents and any children.
Do I Need a Lawyer?
Working with a lawyer to assist you in your divorce case in The Woodlands is strongly recommended, even if your divorce is uncontested. At the very least, your divorce attorney should review your divorce settlement and ensure it is legally sound before you sign. If your divorce is contested, working with a lawyer will be even more crucial.
Call Our The Woodlands Divorce Lawyer Today
If you’re filing for a divorce in The Woodlands or have recently been served with divorce papers, having a lawyer on your side who sympathizes with what you’re going through and is committed to protecting your interests can be both a huge comfort and something that improves the outcomes of your divorce case and your future. To learn more about The Woodlands divorce attorneys at the Law Offices of Tad Nelson & Associates, please send us a message or call us at 281-280-0100 today.