Filing for divorce in Texas is one of the most complicated things you may
ever do - legally and emotionally. Finding a divorce lawyer near you that
is capable of protecting your rights under divorce laws in Texas and fighting
for your best interests in court, all while dealing with your case empathetically,
is vital if you want to achieve the best results.
At Diggs & Sadler, our Houston divorce lawyers utilize a meticulous,
client-focused approach to divorce that helps clients get what they want.
The agreements reached during your divorce can significantly impact the
rest of your life, from your financial security to your ability to spend
time with your children. Therefore, without a experienced divorce attorney
in Houston on your side, you may not be adequately protecting yourself
or your future.
At Diggs & Sadler, we are prepared to assist clients with the following
issues in Texas divorce law:
Our Houston divorce attorneys can help you navigate these issues and more.
Contact us today at
(713) 766-5355 or fill out a
contact form for more information!
When you hire one attorney at Diggs & Sadler, you receive the experience, knowledge and insight of our team.
Always Prepared for Trial
Our attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
Strategic Representation
Each case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
We Put Clients First
At our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.
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How to File for Divorce in Texas
1. Meet the Residency Requirements for Divorce in Texas
If you want to file for divorce in Texas, then you must be domiciled in
the state of Texas for at least six months and be a resident of Harris
County—that is, the county in which you are filing for divorce in
Texas—for at least 90 days. If you were absent and away from the
state of Texas due to public service such as military obligations, that
time you spent away will count as residency.
2. File for Divorce & Serve Your Spouse
In Texas, a divorce is handled as a lawsuit, which means filing a petition
or a pleading for divorce with the court to begin the process. Then the
Texas divorce papers must be served on the spouse, unless service is formally
waived, and then the spouse, or respondent, must file a response sometimes
called an answer, on or before 10:00 am on the first Monday following
20 days after service. Those eligible for serving your divorce papers
include sheriffs, constables, process servers, or anyone authorized by
the court. The two primary methods for delivering this service are either
in person or certified mail. If the court allows, you may serve your spouse
via email or social media which is called a "substitute service".
3. Go Through the Discovery Process
Both parties must make detailed disclosures describing their finances,
income, and assets, and these disclosures include and should be backed
up with financial documentation. Our divorce attorneys in Houston can
help you gather the appropriate documents and ensure you don't miss anything.
After all documents and financial information are exchanged, and both parties
have enough information, the court will encourage or even order the parties
to mediation to try to resolve their disputes and make agreements about
property and custody.
4. Attend Mediation or Litigation
Mediation is often the best option for both parties to resolve a contested divorce,
but if it's impossible to reach a fair compromise, we may advise you to
take the case to court. If so, your divorce will proceed to trial, where
your divorce attorney will argue and present evidence on your behalf to
seek the results you want.
Uncontested Divorce in Houston
Divorcing couples sometimes want to have an uncontested divorce, which
is certainly possible if both parties are in agreement about the terms.
If so, the procedure is largely the same in Texas, except that cooperation
and compromise are likely to be more readily achieved and the parties
may be able to even avoid the financial disclosures. Some couples may
choose to follow the
Texas collaborative divorce procedures, although that step is likely not necessary, and could even be more expensive.
Realize, though, that even if you feel that you should be able to have
an uncontested divorce, having a qualified divorce lawyer in Houston,
TX prepare the papers and shepherd you through the process will protect
you from inadvertent and costly mistakes as well as from any possible
underhandedness by your spouse. It is far better to handle your divorce
and custody issues right the first time, as it is often much more difficult,
even heartbreaking, to fight the uphill battle to correct problems later.
Is Texas a Fault-Based Divorce State?
In Texas, divorcing parties have the option to file for a no-fault or fault-based divorce.
No-Fault Divorce in Texas – The party filing for divorce states that the marriage is “unsupportable”
and that there is no hope for reconciliation. In other words, the marriage
is irretrievably broken and divorce is in both parties' best interests.
Fault-Based Divorce – The party filing for divorce cites a specific reason for doing
so, such as cruel treatment, adultery, or abandonment by the other party.
The divorce fault categories in Texas are very general but may encompass
many types of fault-based behavior.
Domestic violence, for example, may be pled as cruel treatment.
Our approach to fault-based divorce (as opposed to no-fault divorce) is
highly individual and will depend on your particular goals in the case,
and the strategy that we pursue on your behalf. Because Texas permits
the parties to change their pleadings over the course of the case, it
may even make sense to file a case as no-fault and take a wait-and-see
approach to fault.
It is important to realize that alleging fault will often create a more
hostile, high-conflict divorce, however, it is also true that a no-fault
divorce is not the same as an agreed or uncontested divorce—in a
no-fault divorce, custody and property division are often still hotly
contested.
Divorce petitioners often assume that no-fault divorces are fast and easy.
However, while the disclosures may be a by-passed, specific legal requirements
must be met for a no-fault divorce to be finalized, just like any other divorce.
In Texas, the no-fault divorce process involves:
Fulfilling Texas' residency requirements for divorce;
Completing the correct divorce documents. This will involve a divorce decree and other situational documentation.
Factors include whether the divorce is contested, you have children, and
a custody agreement is already in place.
Taking completed forms to the divorce court and County Clerk.
Paying necessary Texas court fees.
Fulfilling the 60-day waiting period after filing for divorce. A no-fault divorce requires a 60-day waiting period before the court will
finalize your divorce. The 60 days begins when your original divorce petition
is filed in court.
Completing all paperwork. You may arrange to be divorced on day 61, but only if you have all of
your paperwork in order, including a final decree of divorce addressing
all necessary issues, and other documents depending on whether you have
children and whether you have property that must be divided or transferred.
At Diggs & Sadler, our Houston divorce attorneys are here to help you
every step of the way in your divorce proceedings.
Tax Issues to Be Aware of During a Divorce
An attorney can make sure you understand how the following variables can
impact your taxes and finances after divorce. At Diggs & Sadler,
our Houston divorce lawyers work with financial experts to help our clients
receive the information they need. While we are not tax specialists, you
should know that tax issues may impact the many aspects of your divorce
including the following:
The tax impact of property division: in Texas, the courts may take the tax impact of the various property
division options into account in reaching the final division of the marital
property. Certain property will be taxed when liquidated, such as stocks
with capital gains or real estate that has appreciated. Money from most
retirement accounts will be taxed at the time of withdrawal, but not taxed
if the funds are in a Roth IRA. The court may take these tax variables
into account
Child support: Child support payments are not considered taxable income for the recipient
and are not deductible for the paying party.
Alimony or spousal maintenance: Once deductible, the law had changed and alimony is no longer deductible
for the paying party.
Dependent tax deduction: Typically, the spouse who has primary custody of the children will receive
the tax deduction for dependents unless the parties agree otherwise.
Division of retirement plans: Retirement plans may be divided without being taxed, usually by a document
called a Qualified Domestic Relations Order or QDRO.
Withdrawing money from a retirement plan awarded in divorce: Once all or part of a retirement plan is awarded and transferred to you
upon divorce, you have a brief window to withdraw funds one time before
retirement without paying the 10% early withdrawal penalty; but you will
nevertheless need to pay taxes on the funds withdrawn.
Attorney fees: Generally, attorney fees related to the divorce are not tax-deductible.
Potential exceptions may apply, allowing a deduction for certain types
of advice.
At Diggs & Sadler, our Houston divorce lawyers can help you
obtain a better outcome in your divorce. To schedule a consultation with
our team,
contact us online or via phone
(713) 766-5355.
How Long Will It Take to Finalize My Divorce?
Unfortunately, there's no one answer to this question. Sometimes, straightforward
divorces with amicable spouses take just a few months. However, acrimonious
divorces or parties with complicated financial entanglements can take
much longer. The following are just some of the issues and disputes in
divorce that may take significant time for your attorney to resolve:
Dividing assets: If you and your spouse share assets, called community property, and disagree
on how to divide them, it can lengthen the divorce process.
Separate propertydisputes: If you or your spouse have disputed claims for separate property, that
may take more time to resolve.
Child custody battles: Arriving at a custody agreement can be a bitter back-and-forth that takes
time. Disagreements will delay your divorce, or even necessitate a hearing or trial.
Child support disputes: If you can't agree on fair child support payments the case may need to
proceed to trial.
Alimony: Alimony, or as we call it in Texas, spousal maintenance, can be a source
of disagreement between divorcing parties, and may delay the case.
Trial: If your case must go to trial to be resolved by the judge or jury, then
your case will take longer because you will have to wait for a trial date
from the court and take all the necessary steps to prepare.
How Much Does a Divorce Cost in Texas?
For divorce in Harris County,
the filing fees alone add up to $320, which does not include additional fees for cases involving
child custody. It also does not include attorney fees or court fees.
According to
a study published by USA Today in 2020, the average cost of divorce in Texas is $15,600 without children and
$23,500 with children, making it the fifth highest-expensive state when
it comes to divorce.
Divorce & Common-Law Marriage
Many couples in Texas choose to engage in a
common-law marriage instead of a traditional marriage. Typically, to dissolve a common-law
marriage, couples must file for a divorce just as they would to end a
traditional marriage.
For a couple to prove they have a common-law marriage, both parties must:
Agree to be married,
Cohabitate, and
Hold themselves out to the public as though they are married.
Additionally, couples can choose to file common-law marriage paperwork
to establish a common-law marriage.
Agreements that couples form to enter a common-law marriage can contain
stipulations for the financial aspects of their relationship, such as
what property should be considered community assets and liabilities.
Cohabitating couples may wish to prove or disprove the existence of a common-law
marriage when ending their relationship. Our Houston divorce attorneys
can help you understand how the status of your union or common-law marriage
could impact its dissolution.
Does it Matter Who Files for Divorce First?
It doesn't necessarily matter who files first for divorce, but being the
first to file can have its advantages – as well as its disadvantages.
If you are the first to file for divorce in Texas, then your spouse will
have to respond to your petition within 20 days, or on or before 10:00
am on the first Monday following 20 days after service. Therefore, being
the first to file could save you the stress of trying to find the right
divorce lawyer and respond in time.
One disadvantage to filing first is that you "show your hand."
You have to explain in writing why you want a divorce and what you desire
from the dissolution, which gives the other party an opportunity to counter
your demands. You may also pay slightly more, since you were the one who
paid to file for divorce in the first place.
Client Testimonials
Striving to Deliver the Best Possible Result
“I would highly recommend Diggs & Sadler to anyone needing family law representation in the Houston area.”
- James M.
“Diggs & Sadler gave me great advice, stayed on top of things, and explained everything very clearly to me.”
- Chris G.
“If your going through any family law issue, this is the firm to call. I would give 10 stars if I could.”
- Leslie J.
“They are extremely conscientious and smart and are excellent trial lawyers.”
- Gina F.
“I would highly recommend her and her law firm to my closest friends and family.”
