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Katy Divorce Representation

A Trusted Firm to Protect Your Rights in a Texas Divorce

Choosing to file for divorce is probably one of the most difficult decisions a person will have to make in his or her life. Mixed in with the emotional impact of any case are critical decisions that must be made to protect vital child custody and property interests. Regardless of your situation, a skilled and knowledgeable lawyer is critical in keeping focus on the best interests of you and your family.

You should not have to face divorce alone. At Hunt Law Firm, our skilled attorneys can guide you through the Texas divorce process with responsive and committed representation, every step of the way.

Hunt Law Firm will stand at your side, with unwavering support and unfaltering guidance. Contact the firm at (832) 781-0320 to schedule a confidential consultation.

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Contested vs Uncontested Divorce

In Texas, a divorce can either be “uncontested” or “contested.”

  • An uncontested divorce means you and your spouse have agreed to all the terms of the divorce and nothing is left to be argued over. An uncontested divorce is generally less expensive and time-consuming.
  • A contested divorce means some or all of the terms still need to be agreed to or decided on by the court. In Texas, you can file a contested divorce on specific grounds such as adultery, cruelty, abandonment, or felony conviction. However, the no fault ground of insupportability is used most often.

What Terms Should My Spouse and I Agree on to Make the Divorce Uncontested?

You and your spouse should talk about the following and come to an agreement before you file for divorce:

  • Children’s Issues:
    • Child custody issues: Who will have the kids and for how long, who will be the parent with the right to designate where they live, will there be a geographic restriction on where the kids live, who will get to hold on to their passports, and what rights and duties each parent will have
    • Child Support: Who will pay child support and how much
    • Health insurance for the children: who will carry the children on their health insurance
  • Property Issues:
    • Who will get the marital residence and any other property?
    • Will there need to be refinancing of the mortgage?
    • How will the debt be divided?
    • Who will get which vehicle?
    • How will retirements be divided?

How Quickly Can an Uncontested Divorce Become Finalized?

In Texas, divorces cannot be finalized less than 60 days before filing. Therefore, even if you have an agreement and an order, the court cannot sign it until the 61st day after you file.

It is not recommended that you go the uncontested divorce route if there is any of the following issues present:

  • Domestic violence
  • Child abuse/neglect
  • High net worth assets
  • Properties being exchanged
  • Alcoholism/Drug Abuse

If you would like more guidance and advice regarding contested and uncontested divorces, please reach out to Hunt Law Firm, PLLC where there are several attorneys experienced in helping you handle your divorce.

Grounds for Fault-Based Divorce in Texas

A divorce can be difficult, especially when the marriage was less than ideal. Texas is a no-fault state. That means that absent an incredibly large showing of a fault, a divorce is granted on the grounds of insupportability. Insupportability means there are irreconcilable differences between the parties like that they can no longer get along.

The grounds for fault-based divorces in Texas are as follows:

Grounds for Divorce: Cruelty

The Texas Family Code states that “the Court my grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.”

“A spouses’ conduct rises to the level of cruel treatment when his or her conduct renders the couple’s living together insupportable. Insupportable means ‘incapable of being borne, unendurable, insufferable, intolerable.’ Mere disagreements or trifling matters will not justify granting a divorce for cruelty. If, for instance, the complaining spouse suffers only nervousness or embarrassment, a trial court may not grant the divorce on the ground of cruelty.” Newberry v. Newberry, 351 S.W.3d 552.

Typically, when a party asks for a divorce on the ground of cruelty, there must be significant physical, emotional, or financial abuse. It is not enough that someone was rude, mean or hurt a party’s feelings. Cruelty can be hard to prove and, in all reality, cruelty (and any fault base divorce) is rarely granted.

Trying to prove a cruelty case requires a lot of time as well as attorney’s fees. You must prove, with direct evidence and not the “he said, she said” kind of evidence, that cruelty occurred. There would need to be testimony from doctors, psychiatrist and psychologists and your entire medical history would more than likely be put on trial.

Grounds for Divorce: Adultery

Adultery may be one of the most common fault grounds a party alleges. To put it simply, if you can prove your spouse not only had intercourse with someone else during the marriage, but also that the cheating is what caused of your divorce, you have the fault ground of adultery.

That does not mean that adultery is a slam dunk. “Adultery is the voluntary sexual intercourse of a married person with one not the spouse. A party must prove adultery by direct or circumstantial evidence; however, proof must be ‘clear and positive’ and mere ‘suggestion and innuendo are insufficient.” Escalante v. Escalante S.W. 3d 2020 WL 3892761. Direct evidence means that you saw the adultery happening or a private investigator captured it. Circumstantial evidence are things like text messages, receipts for hotels and meals, phone records, pictures, and any other evidence that points to show adultery happened.

Unfortunately, any type of emotional will not be considered by the Court as it does not meet the “adultery” definition. Practically speaking, obtaining a divorce on the grounds of adultery will likely require a trial. Reason being is because the adulterous party is not going to openly admit to the adultery, so it will need to be proved in Court.

Grounds for Divorce: Felony Conviction

The Court may also grant a divorce in the favor of one spouse if the other spouse was convicted of a felony and was imprisoned for more than one year. This one is rather simple to prove as it will only require public records of a criminal conviction of a felony and maybe a few prison records.

Grounds for Divorce: Abandonment

Another fault ground is Abandonment. The Court could grant a divorce on the grounds of abandonment if the other spouse intended to leave and remained away for at least one year. To prove abandonment, you have to show that your spouse voluntarily left, that they had an intention to leave and never return, and that they stayed away for at least one year.

Grounds for Divorce: Living Apart

If you and your spouse have lived apart for more than three years, your divorce could be granted on the grounds of Living Apart. This requires proof that you and your spouse have been separated for three years since the date you file for divorce.

Grounds for Divorce: Party in a Mental Hospital

Lastly, the Court can grant a divorce if the other party is confined in a mental hospital. This requires a spouse to be confined in the hospital for at least three years and that the spouse’s mental disorder will not change. The first prong may be easy to prove through medical records, but the second prong may be more difficult. Practically speaking, you will need testimony from doctors, psychiatrist and/or psychologists to determine if the spouse with a mental disorder could change. Proving conferment in a mental hospital will, in most cases, require trial.

In order to get a fault based divorced, a trial is normally required. A party has to prove with evidence that one of the fault bases occurred. Proving a fault ground for divorce is beneficial because it is a factor the Court can consider when making a division of the community estate. The Court can also considered other factors in determining whether a party can get a disproportionate share of the community estate.

How Our Attorneys Can Help Protect You

Divorce and other family-related legal matters can take a serious emotional toll on all members of the family. Rarely, if ever, will a divorce or separation solely impact the separating couple. A divorce could have lasting effects on minor children, family members, or even close family friends. Snap decisions or misinformed judgments could ultimately lead to heart-breaking court orders.

When clients turn to Hunt Law Firm for legal guidance amidst divorce proceedings, our firm's main priority is to provide them with a sense of ease as they make this transition. Because divorce matters are incredibly complex, our attorneys can help make certain your divorce process is explained in the most straightforward manner possible. Vital interests are at stake - even if you are unsure of how to proceed, we will lay out your options and fight to get the best possible resolution.

Hunt Law Firm's Foundational Values include the following:

  • Providing every client with personal, one-on-one counsel
  • Remaining accessible and available to discuss concerns or questions
  • Offering committed, zealous legal services to clients
  • Fostering a comfortable and non-confrontational environment

Your Family Always Comes First

By hiring the Hunt Law Firm, you will be represented by legal professionals who truly believes that you and your family come first. Because the firm understands what is at stake, you will receive legal counsel that helps protect your rights in property division, child custody arrangements, and more.

Once your divorce is finalized, our lawyers can also assist you with modifications to court orders in the event your circumstances, or those of your former spouse, have changed. If your former spouse fails to comply with a court order, the firm can also assist you with filing a petition for an enforcement / contempt order.

Affordable Mediation Services for Divorcing Couples

Hunt Law Firm offers parties mediation as a cost-effective alternative to lengthy and expensive litigation. Mediation allows you and your spouse to agree on matters such as child support and child custody, without having to "battle it out" in court. This can save you a great deal of money and stress by not having your divorce case drawn out in court.

Attorney and mediator Alex Hunt has the following mediation qualifications:

  • 30-hour advanced family mediation training from the A.A. White Dispute Resolution Center
  • 40-hour basic mediation training from A.A. White Dispute Resolution Center

Call the Hunt Law Firm at (832) 781-0320

If you need more information about how Hunt Law Firm can assist you with your divorce case, you should contact the firm without delay. As with any legal matter, the sooner you retain legal representation, the most time you will have to prepare a strong case.

You deserve to move forward in your life with confidence and stability. Contact us now to request an initial consultation to speak with a legal professional confidentially about your case.

Skilled Litigators & Counselors At Law

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  • One-on-One Attention
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    You'll get an attorney who is compassionate, receptive, and responsive to your needs.

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