Our Family Law Practice in Katy, TX
When you hire a Katy family lawyer from The Larson Law Office, you’ll receive customized and personal legal representation. We pride ourselves on developing a relationship with you directly, not through a paralegal or junior associates. Our legal strategy is tailored to meet your needs based on your unique concerns.
Our attorneys have extensive experience in a variety of family law matters. Our practice areas include:
- Pre and post-nuptial agreements,
- Contested and uncontested divorce,
- Common law marriage issues,
- Marital asset division,
- High-net-worth divorce,
- Spousal maintenance,
- Same-sex divorce,
- Military divorce,
- Paternity issues,
- Child custody,
- Child support,
- Grandparent’s rights, and
- Modifications of family court orders.
If you’re looking for a compassionate family law attorney serving Katy, TX, who will zealously advocate on your behalf, look no further than The Larson Law Office.
Divorce Prerequisites in Texas
Even though it may be the right decision for your family, ending a marriage is seldom easy. In addition to the emotional toll of a divorce, Texas divorces can be complex. A person filing for divorce must follow Texas laws exactly. Otherwise, they risk having to re-file or start their case over entirely. Thus, we recommend you consult a family lawyer serving Katy, TX, if you’re considering divorce.
Texas has several prerequisites you must meet before filing for a divorce in the Lone Star State. Specifically, before filing, you must meet the Texas residency requirements and have a legal reason for divorce.
You must reside in Texas to file for divorce in the state. To establish residency, you must show that you or your spouse resided in Texas for at least six months before filing your divorce petition. In addition, one spouse must have lived for at least ninety days in the county where you file your petition.
Grounds for Divorce in Texas
You must also have a legal reason, or grounds, for divorce. The grounds for divorce in Texas include the following:
- Conviction of a felony,
- Abandonment for one year or more,
- Living apart for three years, or
- Confinement in a mental hospital.
Insupportability is Texas’ no-fault grounds for divorce. This means that neither spouse is to blame for the marriage’s end. Instead, you simply state in the court papers that the marriage is broken with no hopes of reconciliation.
The remaining grounds are fault-based grounds. You must have credible evidence to support a fault-based ground for divorce. Although this may make your case more complex, if a court rules in your favor, you could be entitled to a larger share of the marital estate. You should speak with a Katy family law attorney to help select the proper grounds for your divorce.
Contested vs. Uncontested Divorce
Many have heard the terms “contested” and “uncontested” divorce. The difference between these two types of divorce can be significant.
In an uncontested divorce, both spouses agree on how to resolve all of the significant issues. This includes the grounds for the divorce and other matters such as the division of marital assets, child custody, spousal support, and child support. These couples, typically through their lawyers, draft a divorce agreement. The court will review this agreement and issue a final divorce decree. This greatly streamlines the process—so couples in an uncontested divorce usually spend very little time in court.
On the other hand, in a contested divorce, the spouses do not or cannot agree on one or more issues. One spouse might not even agree to the divorce itself. Thus, the spouses will have to go to court multiple times and go through the entire judicial process to finalize their divorce. A contested divorce can be lengthy as a result.
Regardless of which type of divorce you face, you’ll need a family lawyer helping clients in Katy, TX, to help guide you to the full resolution of your case.
Conservatorship (Child Custody)
Child custody in Texas is called “conservatorship.” In a conservatorship proceeding, a family court judge decides two issues:
- Who makes major decisions for the child, and
- Where the child will spend their time.
The judge makes all conservatorship decisions based on the best interests of the child. The court evaluates several factors to determine what is in their best interests (i.e., what will have the most positive impact on the child’s well-being, long-term health, and safety).
Parents can negotiate and work together to create a parenting schedule without the need to fight it out in court. A judge will still review any agreement to determine if it’s in the child’s best interests. But generally, the judge will approve an agreed-upon plan as long as it doesn’t violate public policy or negatively impact the child.
Parents have a legal obligation to support their children. However, sometimes the child’s parents have a conflict over child support. In Texas, child support is primarily determined based on the child’s residence and each parent’s income. Although you can estimate your potential child support using the Attorney General’s child support calculator, you will likely want the court to have all relevant information before they issue a child support order. Thus, you should speak with a Texas family law attorney before a judge issues a final child support order.
Contact Our Katy Family Law Practice Today
A family law issue can be one of the most critical legal issues you face. You need a compassionate and skilled litigator who will fight for what’s best for you and your family. The Larson Law Office is here to help. Our client-centered approach ensures that our legal strategy will meet your unique needs. Contact us today.