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Filing For Divorce In Pearland And Houston

The divorce process in Texas begins with filing the Original Petition for Divorce. The petitioner is the spouse who files for divorce, while the respondent is the spouse who is given notice of the filing. To file for divorce in Texas, either the petitioner or the respondent must have been a resident of the state for at least six months prior to the petition filing, and the filing must be completed in the county that either spouse has lived in for the 90 days preceding the petition.

Completing required legal forms and obligations and preparing your case for negotiation and possible litigation are important steps in the process. It is beneficial and prudent to begin working with an experienced lawyer as soon as possible.

At Scott M. Brown & Associates, our team of family law attorneys has years of combined experience representing clients throughout Texas. We are aggressive litigators, but we are sensitive to our clients’ unique needs. We strive to resolve all family law issues through mediated or negotiated settlements, but if litigation is necessary, we are always prepared to vigorously fight for what you are entitled to.

Speak with one of our Pearland attorneys at 979-849-8526, or contact us by email. We will guide you through every stage of the process, ensuring that your rights and interests are protected throughout.

Key Points For Attorney Representation In The Divorce Process

  • Filing the Original Petition for Divorce: The earliest a divorce can be finalized is 61 days after the initial filing. If agreements on child custody, support and property division cannot be reached by this time, the process could take much longer.
  • Proving that reconciliation between spouses is not a reasonable expectation: Expect all matters in the divorce process to be contested. It is a very emotional process for each party. If one spouse testifies that reconciliation is not a reasonable expectation, the court has the power to grant the divorce, but it will hear the argument of the opposing party if he or she wishes to contest.
  • Filing a temporary restraining order (TRO): It may be necessary to maintain the status quo of property, custody and child support. It prevents parties from making large purchases and selling or disposing of community property. It is effective for 14 days, after which a hearing is usually held to make it a temporary injunction that will be effective until the final decree of divorce.
  • Child custody: If you have children, they are often the most precious asset. It may sound like uncompassionate terminology for a child, but it is the truth. We will protect your children’s best interests and tirelessly work for the custody and visitation schedule that is best for your family.
  • Child support: A formula within the Texas Family Code usually dictates child support calculations, but factors such as financial means, special health needs and the specifics of the child custody agreement will also be considered. You need an advocate to ensure that your best interests are granted high value.
  • Spousal support (alimony): Spousal support depends on the child support and property division agreements. Alimony will be awarded only to provide a spouse without sufficient means or property the necessities to maintain a reasonable lifestyle.
  • Property division: As a community property state, Texas classifies property as either community or separate property. Community property is that which was acquired during marriage, including income, retirement accounts and other assets. Separate property must have been acquired prior to marriage or by gift or inheritance. Community property will be divided in a just and equitable fashion, which will not necessarily be 50/50, and separate property and assets will be considered in the final decree.

The final decree of divorce is granted when the judge approves and signs all agreements reached by the parties or ordered by the court. The potential for loss is enormous, and without an experienced and talented litigator at your side every step of the way, you would be at a tremendous disadvantage.

Our attorneys also represent people who need to modify divorce decree agreements post-judgment because of significant changes in circumstances. Modifications are not uncommon, and if the best interests of your children, health or financial well-being are in question, we can help you today.

Call Scott M. Brown & Associates | Angleton Divorce Agreement Attorneys

Learn more about filing for divorce in Pearland or elsewhere in the Houston metropolitan area. Call us at 979-849-8526 or contact us online to schedule a consultation with an attorney.

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