Houston Divorce Attorney

If you are considering filing for divorce, then you know that divorce is often extremely emotional and stressful. At the Moody Law Firm, we are dedicated to realistically assessing your situation and guiding you through the best course of action to resolve your divorce matter as efficiently and effectively as possible.

At your initial consultation, we will discuss your situation, listen to your concerns, and assist you in determining your wants and needs for the outcome of the divorce. We will then design a strategy that can help you achieve the most favorable realistic outcomes for all matters related to your divorce.

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Property Division and Characterization Issues

In a divorce, Texas courts have great discretion in dividing the property of a divorcing couple. There is no requirement that there be a 50%-50% split, only the general rule that the property be divided “in a manner that the court deems just and right,” considering all relevant factors. Such factors involve fault in the breakup of the marriage and the size of the parties’ marital estate. Likewise, in a divorce, the parties themselves may reach their own agreement on the division of property, which then must be approved by the court.

In Texas, “marital property” consists of all property that a spouse brings into a marriage or acquires during the marriage. With limited exceptions, all marital property in Texas can be characterized as separate property, community property, or mixed. The character of the property has great impact on how the property will be awarded during your divorce.

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Post-Divorce Modification

After a divorce, it is possible to modify the terms of the decree dealing with conservatorship, possession and access, or child support. It is important to note that modification cannot be sought just because one party is not happy. There are requirements that must be met to modify a decree of divorce or other custody agreement.

Prenuptial and Post-marital Agreements

Prenuptial and post-marital agreements are used to give current or prospective spouses the ability to alter their marital-property rights without substantive judicial action in the event of a subsequent divorce. Often prenuptial agreements are used to preserve family monies for children from an earlier marriage or to detail what property belong to each party. Post-marital agreements, on the other hand, are often used to change the characterization of marital property during the marriage.

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Frequently Asked Divorce Questions

If the spouses have reached an agreement on all of the relevant issues, a divorce may be obtained on the 61st day after the divorce petition was filed. If an agreement is not possible and the case must be tried, the length of time is primarily dependent on the Court’s docket. In Harris County, most divorce cases are set for trial within six to twelve months after the divorce petition is filed.

Marital problems are not uncommon and widespread. However, while some states recognize a legal status known as “legal separation,” Texas does not. Under the Texas Family Code spouses are married until the Court grants a divorce.

The Texas Family Code requires that the Court divide the community property of the spouses “in a manner that the Court deems just and right.” This means the Court is not required to divide the property 50-50 and can consider a variety of factors in deciding what is “just and right.” These factors can include fault in the divorce, disparity in earning power, disparity in amount of separate property, etc.

Texas is a no-fault divorce state which means that it is not necessary to show that either party was at fault in order to obtain a divorce. Marital problems exist and It is only necessary to show that there is marital discord and there is no reasonable expectation of reconciliation. However, many fault issues (adultery, cruelty, etc.) are frequently relevant factors in divorce cases because they can have an impact on how the community property is divided, or how custody is decided.

Paul Is Here To Help You

If after careful consideration, divorce seems to be the only option for you, then seek the counsel of Attorney Paul Moody. His compassionate and competent legal advice on how to proceed with your divorce will help ensure a peaceful dissolution of your marriage under conditions that both parties can live with. Sometimes, divorces can get ugly, but Attorney Paul Moody will work hard to keep everything as amiable as possible while also getting you all that you deserve in the divorce.

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Houston Divorce Attorney

Property Division and Characterization Issues

Post-Divorce Modification

Prenuptial and Post-marital Agreements

Frequently Asked Divorce Questions

How long does a divorce take?

Can I be legally separated from my spouse?

How is property divided in divorce for the state of Texas?

Do I have to show fault to get a divorce?

Paul Is Here To Help You

Expect more from your divorce attorney