Divorce in Texas

Going through a family law matter involving divorce , couples can disagree on many issues including: property division, child custody, child support, and visitation. Many a family lawyer in Houston specializing in divorce can tell you that divorcing parents and their children are better off to have an agreed divorce . Carl Selesky is one Houston family lawyer that encourages spouses to try to come to an agreed divorce to avoid the unnecessary emotional and monetary costs of a divorce in Houston, as well as other areas in Texas.

An agreed divorce is one in which the parties resolve all their differences without trial and ask the court to approve the terms of their agreement. Agreed divorces reduce the bitterness that may exist between the parties and benefit everyone. There are more and more couples that even try to navigate through an agreed divorce without the aid of a family lawyer; some succeed and some fail. Those who succeed may realize great savings and those that fail may have wasted their money and have to start all over again, having to use the services of a family lawyer. Of course, family courts will hear any contested case and settle all disputed issues in a divorce; however, each party to a divorce should carefully consider if a compromise is possible prior to asking for a trial. One of the greatest benefits of seeking a meeting with Carl Selesky, a Family Lawyer in Houston, is that you can have a free consultation to find out your legal rights in divorces in Houston, and Texas, and see whether an agreed divorce is right for you.

FAMILY CASES IN HOUSTON AND THROUGHTOUT TEXAS

Family cases in Houston, like many family cases in Texas, usually start when a divorce petition if filed by the family lawyer representing the party bringing the divorce. The petition for divorce is a formal legal document that contains background information (such as when the marriage and separation occurred and the names, ages, and social security number of any minor children), states the reason a divorce is desired, and requests relief (including child custody, property division, and other matters). Typically, the information contained in the petition is obtained by the family lawyer when the lawyer and client meet to discuss the background facts of the marriage and the reasons for divorce. The petition should be filed in the court in the county where one of the spouses has been a resident for 90 days. Also, at least one spouse must have lived in the State of Texas for at least six months. A good family lawyer in Houston like Carl Selesky, will usually spend at least an hour or more in the initial consultation to make sure they have a thorough and accurate understanding of the history of the parties. The client usually derives a great benefit in the divorces since much of this information is obtained during their free consultation with Mr. Selesky. It is always a good idea to gather relevant financial records (income tax returns, pay stubs, checking and savings account information) so that the divorce process can start smoothly and the client can provide information for their family lawyer.

A divorce in Houston, and Texas in general, may be granted upon different grounds. Most family lawyers will tell you that the majority of divorces are granted without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. While this sounds complicated, a good family lawyer in Houston will tell you what this means is that you can file for a no-fault divorce in the State of Texas. A divorce may also be granted for adultery, abandonment, cruelty, imprisonment, conviction for a felony, living apart, or confinement in a mental hospital. A good family lawyer in Houston like Carl Selesky should go over the different reasons for a divorce during your initial consultation.

Typically, after the client engages a family lawyer, the divorce petition is filed and it must be served on the non-filing spouse. However, if the non-filing spouse waives service of the divorce petition in writing, service of the divorce petition is not necessary. The party against whom the divorce petition is directed has the right to answer the petition and file a counterclaim. The answer must be filed with the family court on the Monday following the expiration of 20 days after service of the divorce. In Houston there are family courts that exclusively hear family related cases; in other cities, many courts will hear many different types of cases.

If a divorce is not agreed, after a divorce is filed, either family lawyer representing the court can make temporary orders that will control the family situation while the divorce is pending. These orders might include such things as

(1) orders for counseling;

(2) orders enjoining one or both parties from committing acts of violence or harassment;

(3) orders enjoining one or both parties from disposing of, hiding, damaging, or mortgaging property;

(4) orders enjoining one or both parties from creating debt ;

(5) orders providing for temporary custody of and visitation with children;

(6) orders for temporary support of children and spouse; and/or

(7) orders concerning the possession and use of property.

A divorce cannot be finalized by the court until the divorce petition has been on file with the court for at least 60 days. The best way to understand these issues is to consult with Carl J. Selesky, or other Family Lawyers in Houston about your problem.

More information about Mr. Selesky and divorce in general is available at www.carlselesky.com and www.familylawyerinhouston.com .