Divorce
Divorce can be one of the most emotional and stressful experiences an individual will ever experience. At Wilhite & Lea, we understand that this is a difficult process and we recognize the importance of having an experienced attorney on your side. Our family law attorneys are experienced in representing men and women involved in divorce proceedings throughout the greater Houston area. We can help you through every step of the divorce process and assist with all family law issues that may arrise, including:
Divorce can be a long and financially devastating experience. At Wilhite & Lea, our attorneys are available to protect your assets, your parental rights, and your best interests.
Houston Divorce Attorneys
At Wilhite & Lea, our attorneys are experienced and knowledgeable in handling divorce throughout Harris County including Houston, Champions, Spring, Tomball, Humble, Klein, and the FM 1960 area, as well as Conroe and The Woodlands in Montgomery County. If you have been served with divorce papers or you are contemplating a separation from your spouse, contact the experienced divorce lawyers at Wilhite & Lea, P.C., to discuss your case today. The decisions that you make early in your case can impact the way in which your case will ultimately be resolved.
Texas Divorce Information Center
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Filing for Divorce
The first step in the divorce proceedings under Texas law is the filing of a petition which asks the court to dissolve the marriage. The petition includes information about the parties, their children, the date of the marriage, and in general the claims being made. In Montgomery County, the courts have issued a "standing order" to protect the parties, pets, property, and children during the divorce process. The provisions of the standing order govern the conduct of the parties regarding the children and property and go into effect immediately once the petition for divorce is filed. In Harris County, experienced family lawyers will often file a temporary restraining order (TRO) for the judge to sign which generally serves the same purpose as the Montgomery County standing order. Before you take any action, contact a divorce attorney to learn more about how to best protect your rights and your family's future.
Under Texas law, the divorce proceeding begins when the petition is filed. After the petition is filed, the Texas Family Code mandates a sixty-day waiting period. Additionally, the court will usually impose another thirty-one day waiting period after the court signs the final divorce decree before either party can remarry.
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The Temporary Orders Hearing
The first hearing in the divorce case helps the parties resolve many of the temporary issues that will remain in place until the final divorce is granted. Temporary orders or agreements can dictate issues related to custody and visitation with the children, protecting certain property for any actions outside the normal course of business, and temporary spousal support.
Read more on on temporary orders hearings
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No-Fault Divorce
Texas is considered a "no-fault" divorce state. A "no-fault" divorce means that the party that files for the divorce does not have to allege fault of the other party but can merely allege "in-supportability." This means that the level of conflict between the spouses has risen to the level that their marriage relationship is destroyed, and there is no reasonable expectation that the parties will reconcile.
After the petition is filed, the other spouse must be served with the petition. Service can be obtained when a private process server, constable, or sheriff formally serves the petition on the other spouse, or when the other spouse signs a waiver of former service which acknowledges that the petition has been received. After the petition is served, the other party has approximately twenty days after service to file an answer unless the waiver was filed.
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Contested Divorce vs. Uncontested Divorce
A contested divorce occurs when the parties are unable to resolve all of the issues in the case without further court intervention. Even in contested divorce proceedings, the parties often have many areas of agreement with only a few issues that cannot be resolve. An experienced Houston divorce attorney can help you reach an agreement to settle the uncontested issues, while the parties work towards a fair resolution of the contested matters.
In certain cases, the parties can resolve all issues in the case without the need to seek further intervention by the courts. In those cases the parties draw up uncontested divorce paperwork that addresses all issues including division of marital property, child support, custody and visitation, and the division of property. After the sixty-day waiting period, the parties can request that the court grant the divorce without further delay.
Of course the advantages of an uncontested divorce are that the parties avoid long delay and the additional stress and aggravation that often accompany extended litigation. Uncontested divorces are most common in cases that do not involve children or complex divisions of property, or when the parties have already been separated for a period of time.
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Wilhite & Lea, P.C. | Texas Divorce Lawyers
If you are ready to begin resolving your legal divorce matter, At Wilhite & Lea, Our Houston family law attorneys are available to represent you. Contact us to start your divorce process if you are located in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County or Waller County. Call (281) 537-2171 or submit your brief situation details in our online form.