Although no one marries with the expectation that the marriage will someday end, many marriages do in fact end in divorce. A divorce, even a simple uncontested divorce, is a family law action where it is essential that you have a family law attorney representing you.
In Texas, a spouse does not need to prove grounds for a divorce, such as adultery, to be granted a divorce. Texas law provides for a no-fault divorce, which is grounded on the premise that there is a conflict of personalities that destroys the legitimate ends of the marriage relationship.
Divorces come in several shapes and sizes that have a direct impact on their complexity. Divorces can be uncontested, contested, or contested with child custody issues. An uncontested divorce with no child custody issues is typically the least complicated of divorces.
Uncontested divorces typically involve parties that have already agreed as to how their marital property will be divided and how custody of children will be handled. In some cases, an Agreement Incident to Divorce is drafted and filed with the court. This agreement establishes how property will be split up between the parties. After the divorce has been on file with the court for at least sixty days, the divorce can be proved up before a judge and the divorce can be finalized. As simple as it sounds, it is imperative that an attorney represent you in this matter to ensure that the issues are resolved appropriately and that documents are drafted correctly.
Contested divorces typically involve disputes over the division of the marital property or child custody. It is important that you have an attorney knowledgeable with respect to Texas marital property law and the Texas Family Code. Our attorney will diligently protect your interests in the division of the marital estate, and we will fight for the best possible resolution to any child custody disputes.