Divorce Attorney Sugar Land, TX
When your marriage ends, you can experience a flood of emotions.
The legal process that follows can be stressful, even in a seemingly amicable divorce.
Don’t take on the stress alone.
An experienced Sugar Land divorce attorney will help you navigate any legal challenges in a divorce and can ensure your rights are protected.
At the Larson Law Office, we handle a wide range of family law matters, including divorce.
Understanding How Divorce Works in Sugar Land, TX
Before you can file for divorce in Texas, you or your spouse must have lived in the state for at least six months before filing, with at least 90 days in the county where you plan to file.
There may still be a way to qualify if you were married in Texas but may have difficulty in meeting the residency requirements, such as with military service. A situation like this is where you need the assistance of a divorce lawyer in Sugar Land, TX.
Texas law allows someone to file for divorce under specific circumstances. You can choose between a fault-based or a no-fault divorce.
Many couples opt for a no-fault divorce This type of divorce says neither party is to blame for the end of the marriage. In a no-fault divorce, one or both spouses have decided to end the marriage based on “irreconcilable differences”. ” which essentially indicates that the marriage relationship has broken and there is no hope for reconciliation. This means that spouses simply do not want to be married any longer.
Fault-based divorces involve one spouse alleging the marriage broke down due to the other spouse’s misconduct,. Texas law specifies the grounds for fault-based divorce as: such as –
- The other spouse committed adultery;
- The other spouse abandoned the spouse seeking divorce for one year or more;
- The other spouse committed cruelty against the spouse seeking divorce, which includes domestic violence and mental cruelty;
- The other spouse was convicted of a felony;
- The other spouse has been confined to a mental institution; and
- The spouses have been living apart for more than three years.
If one of the spouses can prove one of these fault-based grounds for divorce, it can give rise to claims of a disproportionate division of property. A court may allocate more of the marital estate to the innocent spouse. A divorce attorney serving Sugar Land can better explain the legal grounds for divorce.
Will My Divorce Go to Court?
Every divorce is different, each with its own set of unique circumstances. Some spouses can agree on how to handle all the significant divorce issues, such as child custody and the division of marital assets. Other spouses may fight over everything, including the reason for the divorce.
If you and your spouse are on good terms and have already worked out an informal agreement on all outstanding property division and child issues, your divorce may resolve fairly quickly if the parties follow through on the informal agreement.
This is what’s known as an uncontested divorce, where all terms and conditions of the divorce decree are agreed upon, and the final decree just needs to be written up. A judge will need to approve your divorce settlement. However, your time in court would be minimal in an uncontested divorce.
Contested or Litigated Divorce
All other cases fall under the category of a contested divorce, meaning that no agreement has yet been reached, even though it may eventually settle by agreement. Couples who cannot resolve issues like property division, child custody, spousal support, etc., will proceed with a contested divorce.
A contested divorce is a divorce that must go through some litigation in court to be resolved. A contested divorce will go through the civil litigation process, including document exchanges and depositions.
Sometimes a judge will refer a case to mediation. In divorce mediation, a neutral third party, called a mediator, tries to help the parties reach a compromise so they can settle the divorce.
If you still cannot resolve any outstanding issues after mediation, then your case will need to be decided by a family court judge or jury in a trial. At trial, a judge or jury will hear evidence from both spouses. Then, they will decide all aspects of the divorce, including child custody, spousal support, and marital property division.
Keep in mind that the vast majority of contested divorce cases settle by agreement. The spouses can agree to settle their divorce at any time during the process until the judge makes a final decision.
Having an experienced Sugar Land divorce lawyer represent you can help expedite the process so you can move on to the next chapter of your life.
Why Hire The Larson Law Office?
When searching for divorce lawyers in Sugar Land, TX, you want a firm that offers compassionate and professional representation.
When you retain The Larson Law Office, your case will be handled by either Diana Larson or Erik Larson. We will personally manage your divorce from start to finish. We won’t push it off on legal assistants or junior attorneys.
We’ve been named to Texas’s Top-Rated Lawyers list by Law.com and ALM Media multiple times, and we maintain a 10.0 out of 10.0 “Superb” rating on Avvo.
Contact a Sugar Land Divorce Attorney for an Initial Consultation
If you want to learn more about how we can assist with your Texas divorce, please contact The Larson Law Office today.
You can reach us by calling our office at 713-221-9088 or by using our online contact form. If you are searching for a divorce attorney serving Sugar Land, TX, The Larson Law Office is here to help.
Frequently Asked Questions
Is a Same-Sex Divorce Different?
Same-sex divorces operate in the same way as heterosexual divorces. There are, however, unique considerations. For example, there may be complications in the child custody aspect of a divorce if one of the parties didn’t legally adopt a child.
Also, there may be complications in dividing marital assets. Same-sex marriage became legal in 2015. Some long-term couples were together well before 2015 and purchased property for the benefit of the relationship before marriage (because they couldn’t get married). You’ll need a knowledgeable same-sex Sugar Land divorce attorney to help you fight for what you deserve in a same-sex divorce.
What If I Want a Military Divorce?
You can file for a military divorce in Texas. The active service member can designate Texas as their home residence. If Texas has been their official residence for more than six months, they can file for divorce in Texas regardless of where they are stationed.
Military divorces have distinct complexities, such as an ex-spouse’s access to military healthcare. Plus, a court can delay a divorce to give the service member time to assert their rights in court. You should speak with an experienced Sugar Land TX military divorce lawyer, for help with a military divorce.
My Spouse and I Have a Common Law Marriage. Do I Need to File for Divorce?
Yes. You will have to go through the same process as any other divorce in Texas. Speak with our knowledgeable divorce attorney serving Sugar Land, TX, to help get you started.