Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Getting a divorce is never easy and the process can be extremely draining, both physically and mentally. If you were married for a long time, you may have a lot of joint property to divide which can be complicated, but even if you were together for a shorter duration, the idea of going your separate ways and starting over can be scary. Things can get worse—mentally and legally—if your partner is not cooperating with you.
If you file for divorce, you should not do it alone. Forbes Advisor has prepared a list of the best divorce lawyers in Houston who can help you navigate the legal system and fight for your and your family’s interests.
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Best Divorce Attorneys in Houston
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Filing for Divorce in Texas
Getting a divorce can be a highly stressful and emotional process. The idea of completely changing your life and dividing everything you built with your spouse can overwhelm anyone. And if there are kids involved in divorce, the process can become even more complicated.
Therefore, it is extremely important to understand the legal procedures and your rights before and after filing for divorce. Below is a short guide explaining everything you need to know to file for divorce in Texas. Read on to understand when you should get a lawyer involved and how they can help you in your case.
Texas Divorce Filing Requirements
You know you want to end your marriage, now what? There are several requirements you should understand before filing for divorce.
Residency Requirement
To file for divorce in Texas, you or your spouse must have lived in the state for at least six months before you file. Also, you or your spouse must have lived in the county you are filing in for at least 90 days.
As long as one spouse meets the residency requirement, either spouse can file for divorce.
Fault vs. No-Fault Divorce
Texas law does not require parties to prove fault to get a divorce. If either of the spouses feels the marriage is insupportable and there are no expectations of reconciliation, the court will allow the divorce. The reason can be discord or conflict of personalities that makes that marriage unsustainable.
There are also several fault-based grounds in Texas law that may be used to get a divorce in the state. The grounds are:
- Cruelty. If your spouse is guilty of cruel treatment such that it makes living together insupportable, the court will grant you a divorce.
- Adultery. If your spouse has cheated on you, you can seek divorce from the court.
- Conviction of Felony. If your spouse is convicted of a felony, is currently serving time, has been imprisoned for at least one year and has not been pardoned, you can get a divorce. But you are not eligible to claim divorce on this ground if your testimony led to your spouse’s conviction.
- Abandonment. If your spouse has left you with an intention of abandonment and has been away for at least one year, you can seek divorce on this ground.
- Living Apart. If you have not lived with your spouse for at least three years, the court will grant you a divorce.
- Confinement in a Mental Hospital. If your spouse is in a mental hospital and has been there for at least three years and the nature of their mental disorder makes it unlikely for them to recover without a possibility of relapse, you can seek divorce on this ground.
Divorce Process in Texas
Once you understand where you need to file the divorce and the grounds that are applicable to your case, you need to follow the legal requirements to start the proceedings.
Divorce Petition
The Supreme Court of Texas approved forms for uncontested divorces that do not involve property or children. If you have children or property and you have already agreed on property division, custody, visitation rights, child support and alimony, you can find forms that fit your case on the Texas State Law Library website.
If you and your spouse do not agree on all or any divorce terms, you should hire a divorce lawyer who can help you file a petition and represent your interest in the court.
Serving the Divorce Forms
Once you have filed your divorce petition with the appropriate court, the next step is to give a copy of the petition to your spouse. You can do so by having any adult over 18 serve the documents, though service is generally performed through a deputy or registered process server.
If your spouse agrees to waive the service procedure, you can simply hand over the documents to them. They will need to file a waiver sworn before a notary public that acknowledges the receipt of the petition with the clerk of the court where your suit is filed.
After the papers are filed and served, your spouse has 20 days to respond to the petition. If the respondent fails to do so, the court will decide the terms of the divorce based on the petitioner’s demands
Contested vs. Uncontested Divorce
A divorce may be contested or uncontested.
- Contested Divorce. If you and your spouse cannot agree on one or more issues in the divorce, it is categorized as a contested divorce. In this case, you may need the intervention of the court to finalize the divorce agreement. Since it is beneficial for both parties to come to an agreement by themselves instead of going for a lengthy and expensive trial, you and your spouse can file a written agreement requesting the court refer your suit to mediation. This can be an easier and cheaper way of reaching a settlement that benefits both parties.
- Uncontested Divorce. If you and your spouse agree on all the terms, including custody, support and property-related issues, it is referred to as an uncontested divorce. For an uncontested divorce in Texas, you can file your divorce settlement agreement with the court and this will become the final judgment.
The court will not grant a divorce before 60 days from the date on which the original petition was filed. This waiting period does not apply in cases where a spouse is convicted of family violence or the petitioner has a protective order against the spouse.
How Can a Divorce Attorney Help You?
Hiring a lawyer is advisable in divorce cases, especially in contested divorces because they can help you fight for your rights and represent your interest in the court. It is also beneficial to work with a divorce attorney in uncontested divorces since they can advise you about the laws applicable to your case and help you make decisions that benefit you and your family.
Divorce requires the parties involved negotiate on many issues at a time when they are overwhelmed with emotions. This increases the chances of unnecessary delays or decisions that you may regret later. Having a lawyer by your side can ground you as they make sure you are practical with your choices and focused on the outcome.
If you and your spouse disagree on matters that affect your and your family’s future, like property division, alimony, child support and custody, your lawyer will make sure you are not cheated and receive a fair settlement. They can end up saving you thousands of dollars and help you reach an amicable agreement that suits both parties.
How to Find the Best Divorce Lawyer in Houston, TX
It is vital to hire a good lawyer in divorce cases because the terms of your divorce impose duties and establish rights that can affect the rest of your life. It will define your family dynamics for years to come. Therefore, you should not take this decision lightly. Consider the following before making the final choice.
- Divorce case experience. It is important to hire a lawyer who has significant experience dealing with divorce cases. Working with someone who understands your case and has strategies that have worked in similar cases in the past increases your chance of a favorable outcome.
- Trial experience. Hiring a lawyer with considerable trial experience is a good idea in divorce cases even if your case does not go to trial. This is all the more important in cases where you disagree with your spouse or are afraid of them. Your lawyer will help you determine the best possible option for you and represent you in court if need be.
- Fees. Divorce can be an expensive process, especially if you and your spouse are not in agreement on the terms. It is necessary that you understand the expenses and make a decision that suits your well-being as well as your budget. So, don’t hesitate to ask about fees to understand the total possible cost.
Featured Partners
Advertisement
1
Divorce.com
Cost
$499 (and up)
Services Offered
Document prep, Mediation, Case management, Lawyer services
Acceptance Guarantee
100% guaranteed court-accepted forms
2
OnlineDivorce
Cost
$159 (and up)
Services Offered
Ready-to-file forms, Name changes, Co-parenting support
Free Revisions
30 days
3
3StepDivorce
Cost
$299 (and up)
Services Offered
Document prep, Lawyer services, Financial services
Acceptance Guarantee
100% guaranteed court-accepted forms
4
DivorceNet
Cost
$159 (and up)
Services offered
Document preparation, Free case evaluation
Acceptance Guarantee
100% guaranteed court-accepted forms
Methodology
To come up with the Best Divorce Lawyers in Houston in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
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Frequently Asked Questions (FAQs)
How long does a divorce take in Houston, Texas?
Divorce proceedings in Texas can take anywhere between two months to a year or more depending on your case. If you and your spouse agree on all the issues, you can get a divorce right after the cooling-off period of 60 days is over. But a contested divorce can take up to a year, especially if kids are involved. Similarly, a no-fault divorce takes less time than a fault-based divorce. The time can be shortened considerably by alternative dispute resolution methods like divorce through mediation.
How do I get alimony in Texas?
You can claim alimony in Texas in four situations:
• Your spouse has been convicted or has received deferred adjudication for family violence against you or your child in the last two years or while the divorce is pending
• Your marriage lasted for longer than 10 years, you lack sufficient income or property to fulfill your reasonable needs and are either disabled, the caretaker of a disabled child or lack the earning capacity to provide for your minimum needs
• You have agreed to spousal maintenance for a specified time period in the divorce settlement
• You are a sponsored immigrant
When can you remarry after a divorce in Texas?
You cannot marry for 30 days after your divorce is finalized. This only applies in cases where either party wants to marry a third party. The former spouses are allowed to remarry each other at any time after the divorce.
