Divorce

Texas is what is commonly referred to as a “no-fault divorce state.” That is, while there are several grounds on which a divorce could be granted by the courts, including cruelty, adultery, abandonment, etc., there is no need to prove any of these to get divorced. It is only necessary to prove that the marriage is “insupportable” and that there is no reasonable expectation that you and your spouse will reconcile even if the court does not grant the divorce. Accordingly, the burden of proof to get divorced in Texas is relatively low.

At Tucker Law Firm PLLC, I can help you decide if it is in your best interest to seek a “no fault” divorce or seek a divorce on other grounds. I have the experience, judgment and discernment to help you make the best decision for you and your family.

The following are several of the common stages involved in every divorce case:

1. Separation: Texas does not recognize legal separation. In other words, in Texas, you are married until you are divorced. However, it is common for spouses to stop living as spouses prior to the filing of the divorce petition. This could mean that they are living in separate residences or separate parts of the same home.
2. Filing of an original petition for divorce: A petition is the document that starts the divorce process and is generally the first pleading that is filed in a divorce lawsuit. This document contains the names of the parties, the names and ages of any children of the marriage, and a statement of the grounds for divorce, as well as how the filing party believes the property should be divided. The original petition for divorce will also generally ask the court to enter temporary orders if that is appropriate.
3. Temporary orders: Temporary orders are entered by the court to control the parties’ actions during the divorce case. Among other things, these orders dictate who will live in the marital home during the divorce case, how temporary custody of the children will work and who pays child support. As a general rule, especially if there are children involved, these orders are intended to maintain the status quo so that the children’s lives are disrupted as little as possible. In Montgomery County, generally, all of the family law courts require the parties to attend mediation prior to having a contested hearing on temporary orders.
4. Mediation: Mediation is one of several types of “alternative dispute resolution” processes. It involves the participation of a neutral third-party mediator whose job is to help the parties reach an agreed resolution of their disputes. It is generally considered a preferred method of resolving disputes and is particularly useful in the family law context because it gives both parties some control over the outcome of their case and the orders that could affect their family for years to come. Although mediation is required in most cases, the parties are not required to reach a settlement in mediation, and the mediator has no decision-making authority. Whether or not to settle the case is left entirely to the parties and their attorneys.
5. Discovery: Discovery is the information-gathering phase of a lawsuit, including a family law case. This process is governed by the Texas Rules of Civil Procedure as well as the local rules promulgated by the courts in many counties, including Montgomery County, Texas. The discovery process involves the use of statutorily authorized tools consisting of written interrogatories, requests for production of documents and tangible things, requests for disclosure, requests for admission, and oral depositions. The discovery process is generally the most time-consuming and expensive phase of any litigation, including family law. I am experienced in the use and utilization of all of the tools of discovery and possess knowledge of the rules that govern the discovery process. I can provide you with guidance concerning the most cost-effective means of obtaining information and the use of the discovery process to ensure that you have the information you need to make informed decisions about your case while at the same time containing costs that could otherwise become uncontrollable.
6. Final trial: After the discovery process is completed and generally after a second mediation, the case may be taken to trial before a judge or jury. As a general rule, the courts in Montgomery County will issue a scheduling order that sets a trial date and deadlines for all of the required steps of the pretrial process. A trial before a judge or jury is often the most stressful and risky part of the litigation process. I have extensive trial advocacy experience in managing and trying complex cases.
7. Appeal: In the event that the trial does not result in a favorable outcome for you, there is always the possibility that the judge or jury’s decision could be appealed to a higher court. The appellate courts in Texas that hear family law cases include the Court of Appeals (specifically, the United States Court of Appeals for the 9th Circuit for Montgomery County cases) and the Supreme Court of Texas. The appellate process requires strict adherence to certain deadlines and filing requirements. I have the knowledge and experience to guide you through the appellate process.

Common Questions About Divorce In Texas

Divorce can be emotionally and legally complex, and it is natural to have concerns about the process. Below are answers to some of the most frequently asked questions to help you understand your journey through the Texas family law system.

How long does a divorce typically take in Texas?

Texas law requires a minimum 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized. However, if the case involves contested issues such as property division or child custody disagreements, the process may take several months or longer. 

The timeline often depends on the court’s schedule and the level of disagreement between the parties. Cases involving domestic violence or protective orders may be expedited, but most divorces proceed through standard timelines unless both parties reach a full agreement early.

How much does a Texas divorce usually cost?

The cost of a divorce in Texas varies based on whether it is contested or uncontested. An uncontested divorce generally costs less. The involved expenses may reach a few hundred dollars in filing fees and attorney time.

A contested divorce with disputes over asset division, child custody or support can cost several thousand dollars or more. Resolving a contested divorce often requires extensive negotiations, discovery and legal motions. If a full trial is necessary, it significantly increases legal expenses.

Other possible expenses may include document preparation and parenting classes. Additionally, the court may order one spouse to pay the other’s legal fees depending on financial circumstances and case complexity.

Who has to leave the family home in a divorce in Texas?

Texas has no automatic rule that requires one spouse to leave the marital home during a divorce. However, if spouses cannot agree on who leaves, the court may issue a temporary order granting one party exclusive use of the residence.

These orders are typically based on factors such as the best interests of any children involved and each spouse’s financial circumstances. In some cases, both parties remain in the home until the divorce is finalized and property division is determined.

If domestic violence is alleged, the court may issue a protective order that removes one spouse from the home and restricts contact with the other party or children.