Dissolving a marriage is a complex and emotionally charged process. If you’re contemplating how to file for divorce in Brazoria County, Texas, it is essential to understand the legal steps involved. Knowing your rights and goals can empower you to move forward with clarity and confidence. We understand the emotional toll of a divorce. Our approach prioritizes empathy and a genuine desire to support you through this challenging transition.
Understanding the Brazoria County Divorce Landscape
Texas law allows you to file a “no-fault” divorce, meaning you do not need to prove fault, such as adultery or cruelty, to obtain a divorce. You can simply cite “insupportability” as the grounds for your divorce, meaning your marriage has been insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. The no-fault system can help reduce animosity and streamlines the process. However, it is important to note that even no-fault divorces can be contentious with high conflict.
There are two main types of divorce in Texas:
- Uncontested divorce. This is typically the fastest and least expensive option. A divorce is uncontested when both spouses agree on all aspects of the divorce, including child custody, property division, and spousal support (if applicable).
- Contested divorce. If you and your spouse cannot agree on any or all of the divorce terms, the court must intervene and make decisions. This process is typically more time-consuming and costly.
It is particularly important to consult an attorney for assistance with a contested divorce. But even with an uncontested divorce, it is a good idea to discuss and review your agreement with an attorney to ensure it adequately protects your rights and interests. In an uncontested divorce, you may also want to hire an attorney to simply draft the final decree to make sure that the terms of your agreement are final and enforceable. At The Stout Law Firm, PLLC, we have experience with both contested and uncontested divorces. We can answer your questions and provide valuable advice regardless of which path you ultimately take.
Understanding Texas Divorce Laws
Understanding the general divorce laws in Texas empowers you to make informed decisions. The average person may need help understanding their rights and legal concepts involved in a divorce. Below are some key aspects to consider:
- Community property. Texas is a community property state, which means all assets and debts acquired during the marriage are presumed to be jointly owned by both spouses. Texas courts have the discretion to make a just and right division of the community estate of parties. However, this does not necessarily mean that your estate will be divided 50/50.
- Separate property. In Texas, separate property is defined as property acquired before marriage or during marriage by gift or through inheritance. Texas courts cannot divest a spouse of their separate property. All property possessed by either spouse is presumed to be community property, therefore, a spouse claiming separate property has the burden to prove that the property is in fact their separate property by clear and convincing evidence. An attorney can help identify separate property and protect your rights.
- Child custody. If you have children, your divorce decree will include provisions regarding child custody. Child custody includes both the allocation of rights to make certain decisions involving a child, as well as granting periods of possession and access to each parent. Texas courts prioritize the “best interests of the child” when making child custody decisions, including periods of possession and access. However, it is presumed that a standard possession order is in the best interest of children over the age of three.
- Child support. Generally, courts order the noncustodial parent (i.e. the parent who does not have the right to determine the primary residence of the child) to pay child support to the other parent. The appropriate amount of support is calculated by using Texas’s child support guidelines.
- Spousal maintenance. In certain circumstances, Texas Courts may award spousal maintenance, also known as spousal support or alimony in other jurisdictions. Courts consider factors such as the length of the marriage and the ability of a spouse to meet their minimum reasonable needs when determining if an award of spousal support is appropriate. Texas is not the most generous jurisdiction for a spouse seeking support post-divorce because of the statutory requirements to qualify for spousal maintenance. Your attorney can help you understand how these laws affect your case and the potential outcomes you can expect.
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Breakdown of General Steps Involved in Brazoria County Divorce
Here is an overview of how to file for divorce in Brazoria County.
- Filing the original petition for divorce. This document formally initiates the divorce proceedings and outlines your initial requests regarding property division, child custody, and spousal support, if applicable. Brazoria County requires electronic filing through an Electronic Filing Service Provider (EFSP).
- Serving your spouse. You must serve a copy of the original petition on your spouse, along with a citation notifying them of the divorce filing. You may complete service through a licensed process server. You may request alternative service methods in the event a licensed process server is unable to effectuate service after numerous attempts.
- Responding to the petition. Your spouse has until the Monday following 20 days of being served with the petition for divorce to file an answer. If they fail to respond, the court may grant a default divorce in your favor.
- Discovery phase. In most cases, further investigation into finances or other relevant matters may be necessary. Discovery can involve exchanging financial documents, depositions (formal, out-of-court testimony under oath), or interrogatories (written questions).
- Settlement negotiations. Most divorces settle outside court through negotiation. In order to settle your case prior to trial, you must work with your spouse and attorneys to reach a mutually agreeable resolution regarding property division, child custody, and spousal support. Mediation, a process facilitated by a neutral third party, is a helpful tool to reach an agreement. Most courts in Texas require parties to attend mediation prior to trial.
- Trial. If you and your spouse cannot reach a settlement, the case may proceed to trial. The judge will make orders on all divorce-related issues based on the evidence presented.
If you have questions or concerns about the process detailed above, reach out to our attorneys at the Stout Law Firm. We have a proven track record of success in Brazoria County divorce cases. Hiring an attorney often helps streamline the divorce process and protect your interest as a parent and a spouse.
Don’t Face Divorce Alone: Contact The Stout Law Firm
Choosing The Stout Law Firm means partnering with top-tier, experienced divorce attorneys who will be your unwavering advocates. Our Texas Board Certified divorce lawyers will stand by your side, working tirelessly to achieve your desired outcome. But we offer more than just legal expertise. We become your supportive ally, guiding you through the intricacies of family law with unparalleled experience and a personal touch. Call us or reach out to us online today to learn more about how we can help with your case.
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