Montgomery County Divorce Lawyers, The Woodlands, TX

While the facts and circumstances of divorces vary from case to case, there are some consistent elements that will apply to everyone in seeking a Texas Divorce. At Nick Davis Law in The Woodlands, Texas and Bryan | College Station our Divorce Lawyers will explain to you the rules and process of a Texas Divorce and explain how they apply to your case.

Court Jurisdiction

The most basic requirement for any Texas Divorce is first determining that the State of Texas and the Court in your County even has jurisdiction to render an order in your Divorce Suit. Jurisdiction is proper in Texas if one spouse has resided in Texas for at least 6 months and in the county in which they want to file for at least 90 days. If these elements are not met, you will have to wait until they are or Texas will not have jurisdiction to enter a binding order.

Getting the Divorce Started

Assuming Texas has jurisdiction, the Divorce process begins when one spouse files an Original Petition for Divorce in the Family Law Court for the appropriate Texas County. The party that files the Original Petition is referred to as the “petitioner” while the other spouse that will receive a copy of the suit is known as the “respondent.”

Service of Process

Once a Divorce Suit is filed, the Texas Family Law Judge will not be able to enter any order until your spouse has received proper notice of the suit. That is, the Respondent has to be “served with process” and have a deadline to respond to the case. Serving your spouse with the suit can be done in a variety of ways, but the two most common methods are to 1) have a process server or a constable serve the respondent or 2) have the respondent sign a Waiver of Service.

2 Types of Divorces: Contested and Uncontested

There are only 2 types of divorces: Uncontested and Contested. An Uncontested Divorce is essential a case that is filed where the parties from the start agree on all aspects of their divorce. If the divorce is uncontested, the parties can be finished in as fast as 61 days. A Contested Divorce on the other hand is one where the parties are not in agreement at the start of the case on all terms of their divorce. While a contested divorce can certainly resolve itself amicably, oftentimes through mediation, but this is not considered an Uncontested Divorce as going through mediation may require some discovery, the exchange of a Sworn Inventory and Appraisement, perhaps a Temporary Orders Hearing which may take approximately 4 – 8 months to occur. Sometimes, Contested Divorces can become extremely nasty and these can last much longer and require numerous hearings.

Heavily Contested, Nasty Divorce

Some divorces just can’t be resolved amicably. These heavily contested, nasty divorces can last for well over a year and cost in excess of $15,000 and sometimes more than $35,000 depending upon the complexity of the marital estate and custody issues. In these types of cases, numerous hearings will most likely take place and other professionals such as counselors, attorneys for the children, forensic accountants, appraisers, and asset evaluators may get involved. In these types of cases, it is crucial to have an attorney and a team of support you feel comfortable with and trust to understand the facts of your case and your overall goals.

In these heavily contested cases, you can count on the Divorce Lawyers at Nick Davis Law to guide you every step of the way through the Texas Divorce process and discuss with you all of your options and rights pertaining to: division of the Marital Estate, Child support, Child custody, and Spousal Maintenance.

While the Divorce Attorneys at Nick Davis Law in The Woodlands, TX and Bryan | College Station, strive to help their clients achieve an agreed divorce that is either uncontested from the start or that resolves in mediation, our experienced Divorce Lawyers are more than prepared to go to court and fight for your goals and rights if you and your spouse cannot reach an agreement.

The Final Decree of Divorce

All Divorces are resolved with a judge signing a Final Decree of Divorce. In an Uncontested Divorce the Final Decree of Divorce will be agreed to by the parties and submitted to the Family Law Judge for approval. However, in a contested case, a Trial will happen at which point the Judge will pronounce in court the terms of the Final Decree of Divorce which will contain the order for the division of the marital estate, child custody terms, child support, and spousal maintenance as well as a variety of other orders the judge can render in a contested case. Based on the judge’s orders the attorneys will then draft these orders into a Final Order and submit it to the judge for approval. Once the Final Decree of Divorce is signed, the case is finished.

Schedule a Consultation

If you are interested in pursuing a Texas Divorce, either contested or uncontested, contact The Montgomery County Divorce Lawyers at Nick Davis Law in The Woodlands, TX and Bryan | College Station, TX at (936) 262-7474 for a Free Case Evaluation to learn your options and develop a case strategy for your divorce.

Nick Davis Law offers all prospective Montgomery County, Brazos, and Surrounding County, Contested Divorce and Uncontested Divorce clients a Free Case Evaluation by phone or virtual conference as well as payment plans.  Contact our office at (936) 262-7474 if you are in need of a Child Support Enforcement Lawyer for a case in Montgomery, Harris, Grimes, Waller, Walker, Brazos, Washington & Surrounding Texas Counties.