Divorce is difficult. It can take an emotional, mental and financial toll on you and your family.
However, you know that it is the right decision at this time in your life. You want to ensure that the process goes as smoothly as possible, whether it’s a no-fault divorce and you and your spouse are separating amicably, or it’s a fault divorce and you need to prove this to the court.
When deciding if you should hire a Houston divorce lawyer, it’s helpful to learn about what exactly is involved in the process. Call Boudreaux Hunter & Associates LLC today at (713) 333-4430 or fill out a contact form now to schedule a consultation with one of our highly qualified family law attorneys serving Harris County.
In Texas, you’re legally married until the divorce process is complete. Then, you become legally divorced. There is no such thing as “legal separation” in Texas. You can read more about this in our comprehensive article on the Texas divorce process.
You and your spouse can file for divorce after residing in the state of Texas at least six months prior. In addition, you’ll need to live in the county where you’re filing for divorce at least 90 days prior.
If you and your spouse agree that you’d like to divorce and nobody was at fault, then you’d file for a no-fault divorce. However, if there is one spouse at fault for the divorce – in Texas that means there was infidelity, abuse or abandonment – then a fault divorce would need to be filed.
In a no-fault and fault divorce, there is a $250 to $300 filing fee, as well as a 60-day waiting period before the court can finalize your divorce. During the divorce process, the spouses may be prohibited from doing things like closing down bank accounts, traveling with children or taking them out of their school. Some temporary orders could be filed before the divorce, such as temporary child and spousal support and determining who lives where.
Overall, the divorce process in Texas could take at least 10 months. Typically, it could take longer if the spouses do not hire legal representation.
Factors in a Texas Divorce
Regardless of the circumstances of your divorce, you may need to factor in things like:
Child Custody: Who gets the children? How much time will each spouse spend with the children on a weekly basis? Who will have them on holidays or for vacation? What are the rules for taking them out of the country?
Child support: Who is going to pay it, and how much will the monthly amount be?
Spousal maintenance: Will one spouse have to pay the other following the divorce? Do you deserve spousal maintenance because you gave up your career to raise children and will need to go back to school or start in an entry-level position to get back into the workforce?
Marital property division: Who gets the house, the bank account and the retirement money? Who acquires the debt? How will other assets be divided?
A high net worth individual: What happens if one spouse goes after the other because they have a high net worth? What happens to money one spouse had prior to getting married?
Domestic violence: Was one spouse abusive to the other?
Restraining order: Does one spouse need to place a restraining order against the other out of fear of violence? This is known as a protective order in Texas.
Pets: Who gets custody of pets? Could spouses have equal time with their dogs, cats and other animals?
Prenuptial and postnuptial agreements: Did the couple sign any prenuptial agreement or postnuptial agreement? If so, what were the terms and stipulations?
Keep in mind that in order to prove something like domestic violence or decide who gets the property, a spouse would need to have evidence, relevant documents and possibly even witnesses to prove their case.
How Much is Divorce in Texas?
There is no exact number or way to predict how much a divorce in Texas is going to cost. It mostly depends on whether you’re filing for a no-fault or fault divorce, as well as factors like children, spousal maintenance and valuable assets at stake, to name a few.
However, according to a Lawyers.com survey, the average cost of a Texas divorce is $15,600. The total average cost without kids, for example, is $15,300, but with kids, it’s $23,500. It’s going to cost more to go to trial, which is why the experienced Houston divorce lawyers at Boudreaux Hunter & Associates LLC will help you try to avoid that scenario and pursue mediation instead if that’s the best course of action.
Why hire a Houston divorce attorney? Every type of divorce can get complicated, even if it’s no-fault and there aren’t children in the picture or there isn’t property either spouse needs to worry about. No matter what situation you’re in, filing for a divorce and going through the process is not simple in Texas. This is why you need a divorce lawyer to help you navigate it. Here are just some of the many reasons:
An experienced divorce lawyer in Houston knows the laws and local courtrooms inside and out. Relying on secondhand information from friends, family or Google isn’t always accurate, and may make the process more confusing and longer.
Someone will be on your side and fight for your interests. While your friends and family can provide emotional support, you need representation who is going to hear you out and stand by you even when things get tough or overwhelming. It’ll give you peace of mind to have an experienced family lawyer helping you.
You’ll have a better chance of getting what you need and deserve. You may not know how to stick up for what you want or what arguments to make during the divorce process. A lawyer will know exactly how to approach it and do their best to guarantee you get what you want and need from the divorce.
How to Find the Best Divorce Lawyer in Houston
Once you decide you need to hire a divorce lawyer, then you’ll need to find the best one to represent you. Along with asking trusted family members and friends for recommendations, you should seek out a lawyer who has several years of experience in this field. You want someone who knows the laws thoroughly, is familiar with the local courts and has dealt with similar cases in the past.
It’s also advisable to hire a law firm that exclusively handles family law which encompasses child custody, child support, spousal support, property division and other related legal matters in Houston, TX. That way, you’ll know they are dedicated to this area of practice and it’s not just another one of their many, unrelated services like it is at other law firms with multiple focuses.
It’s a good idea to interview at least 2-3 divorce attorneys before you make a decision on whom to retain. Your lawyer should make you feel heard as well as secure in your case, so don’t settle for anything less.
Hiring Boudreaux Hunter & Associates, LLC for Your Texas Divorce
Our divorce law firm is dedicated to guiding families through the process, which can be an emotionally overwhelming and tough journey for everyone involved. With our years of experience providing support to families going through divorce, you can rest assured that you’ll have the best representation on your side.
Our Houston divorce law firm can help you resolve all aspects of your divorce, including:
Child Custody
Modifications
Spousal Maintenance
Child Support
Pet Custody
Premarital Agreements
Is Mediation an Option?
In some cases, divorcing spouses can reach an agreement about all relevant issues without a court hearing. This is often accomplished through mediation. In contentious cases, however, this is not possible. When a couple is unable to work out these issues on their own, their only option is to litigate the case in court.
Texas Divorce FAQs
If you are considering divorce in Texas and have never gone through this experience before, you may have a number of questions about the process. Below, we have answered some of the most frequently asked questions about divorce in Texas. After reviewing this information, we encourage you to contact our divorce lawyers to schedule an initial consultation during which we can review your unique case in detail.
The answer to this question depends on several factors. In contentious cases in which litigation is necessary, costs for divorce can be expensive due to additional time and expense of litigation in court. However, if the spouses can amicably come to an agreement regarding all aspects of their divorce, including spousal maintenance, child custody and support, and property division, the spouses can avoid additional time and face far less expensive costs. It is important to consult an attorney on your unique situation and whether mediation or litigation will best help you achieve your goals.
This depends on how long it takes for the spouses to reach an agreement on all terms of their divorce. Texas law states that a couple must wait a minimum of 60 days after filing for divorce for the divorce to be finalized. However, many divorces are not finalized this quickly. It is important not to rush through the process just to get it over with as soon as possible – remember, the terms of your divorce can have lasting implications on your future. It is critical that spouses take the time to ensure that everything from visitation rights to tax implications associated with property division are considered from every angle.
No. Texas is a no-fault state, which means that a spouse does not have to cite a specific reason for the divorce beyond “insupportability” (irreconcilable differences). However, depending on the circumstances, a Texas court may consider fault when making a final decision (such as adultery or cruelty).
Yes. In order to file for divorce in Texas, at least one of the spouses must have been a resident of the state for at least six consecutive months. Additionally, at least one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.
If one spouse is earning far less than the other or is unemployed, they may ask the court for temporary spousal support while their divorce is pending. Since there are no specific guidelines for this type of support, they will need to clearly present their financial needs and prove their spouse’s ability to meet those needs to the court.
Military divorce involves a number of unique considerations that make it slightly different from civilian divorce. Perhaps the biggest concern is how military pensions and other benefits are divided. How they are divided depends on the length of the service member’s time in the military as well as the length of the marriage. Residency requirements are another special consideration, since many military families relocate one or more times during the term of service and may wish to file for divorce in a state other than the one in which they were married or in which they currently reside. Since every case is different, it is important to consult an experienced military divorce lawyer who can review your circumstances and ensure that your divorce is handled properly.
If you are considering a divorce, one of the first and most important things you can do is to select the right attorney to represent you. With so many lawyers to choose from, it can seem daunting to find the right one, but there are several things you can look at that will help you narrow down your options. Look for an attorney with experience. Look for a firm that solely practices divorce and family law matters rather than one that only handles these types of cases sporadically. Check online reviews to see what people are saying about the attorney and/or law firm. Check online lawyer directories such as Avvo for information on an attorney’s credentials, special awards and recognitions, and other accomplishments. Then, once you have found some potential candidates, schedule an initial case review to meet the attorney in person, discuss your needs, and learn more about how the attorney can benefit your case.
You Don’t Have to Face This Difficult Time Alone. Call Boudreaux Hunter & Associates, LLC today at (713) 333-4430 to schedule your initial consultation!
Kevin was such a pleasure to work with. He has a warm and personable demeanor and works diligently to answer all questions. His team is also amazing and always sounds happy to help.
anonymous
Feb 06, 2023
Shannon and her team were extremely supportive and helpful through my entire process. If you are looking for a lawyer who will treat you like you are their only case, and always has your best interests in mind, Shannon is…
Cory - AVVO Review
Feb 06, 2023
Kevin and his team handled the entire process exactly how we discussed during the consultation. I wanted to move quickly, and his team made it happen. Additionally, they were very responsible with my retainer, and did what they said they…
Benjamin - AVVO REVIEW
Jan 12, 2023
Shannon Helped me with my divorce, I highly recommend her! Unlike a lot of attorneys out there she is an ethical attorney who follows the letter of the law. My case was pretty straight forward with a couple curves from…
Matthew - Avvo Review
Nov 29, 2022
Kevin represented me throughout my stressful divorce. He was very professional, attentive and thorough during every step of the process. I would definitely recommend Kevin for anyone wanting a conscientious, patient and highly skilled attorney! His paralegal, Lauren, was also…