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Divorce FAQ

I’m planning to divorce and am already feeling overwhelmed by all of the detail. What are the basics of what I’m dealing with, and are they the kinds of things I can handle myself?

Your property division issues are subject to Texas being a community property state — division of assets and property collected during the marriage. Your child access issues are governed by the ideal of “best interests of the child.” If you don’t agree with the spouse you are divorcing on major matters like these, the court will decide your future for you. It’s as simple as that. And no, no one without a law degree should handle his or her own divorce. Think of attorneys as tech help for legal situations. When a problem with your computer arises, you call tech help. When a problem with your life and rights come up, an experienced divorce and family lawyer is the best help you can have.

Can I sue for divorce on certain grounds? I’d like to know what my choices are.

Most divorces in Texas are filed on the basis of “no-fault” grounds or allegations. In Texas, the most common “no fault” grounds for divorce are based on what is known as insupportability. What this basically means is that one of the spouses or both spouses no longer wish to remain married. Meanwhile, in addition to these “no fault” grounds for divorce, Texas also allows for divorces filed on account of alleged adultery, cruelty, felony conviction and abandonment.

What if I’m filed against first? Is there a strategy in responding or not responding right away?

You don’t want a default judgment being entered against you — and that is exactly what could happen if you don’t respond in a timely manner. A default judgment will be entered against you, increasing the chances that the soon-to-be former spouse may be awarded more than he or she would typically receive.

What happens if there is an action for divorce pending in another county?

If the spouses are separated and residing in separate counties, then Texas law permits the divorce to be filed in either spouse’s county of residence. However, Texas also requires that an individual must have been residing in that county for at least 90 days prior to the date that the divorce is filed in that county. Our law firm can review the facts of your case to determine whether the case has been filed in the proper county, or to otherwise make recommendations as to filing strategies and responses. This can be a highly complicated issue. Anyone struggling with it should come in and talk to our law firm — the sooner, the better.

You’re sure that I should have an attorney handle all this? I have a pretty limited budget.

The financial losses and limited child access you could be looking at, if your affairs aren’t handled correctly, could be catastrophic “down the road.” Even with an uncontested divorce, you want binding legal documentation that covers every contingency and the family law attorney drafting it to be standing by if things go “sideways” for some reason, in the future. We should discuss what can go right and wrong in the coming days and weeks. That’s what your initial consultation is for.

Answers To All Of Your Divorce Questions

If you have questions or wish to speak with an attorney, call our office at 281-369-8665 or send us an email to schedule an appointment. Law Thompson, P.C., has its office in Houston, and we represent clients in Harris County, Montgomery County and Fort Bend County.