Divorce Attorney in Houston

Divorce is the formal process of ending your marriage. 

For residents of Houston and the surrounding areas, understanding the Texas divorce process is vital before initiating any legal action. The timeline for completing a divorce in Texas can vary, but there is a mandatory 60-day waiting period after filing the Original Petition for Divorce, except in rare cases involving family violence. This means finalizing a divorce will take at least two months, even for uncontested matters. Additional factors that can influence duration include the number of contested issues, the complexity of marital assets, whether children are involved, and the specific requirements of Harris County or nearby courts where your case is filed. Navigating these steps—filing, service of process, discovery, mediation, hearings, or trial—requires careful preparation and prompt action. Parties in the Houston area also benefit from participating in local parenting classes or mediation sessions, often encouraged or required by family law judges to facilitate more cooperative resolutions.

In a Texas divorce, the court makes a formal ruling on matters such as: 

• The custody of children
• Who pays child support and/or alimony
• How much support will that be
• Who controls the various assets and property divided between the spouses
• Who is responsible for certain debts

You and your spouse can agree on these matters and have your marital settlement agreement formally written and submitted to the judge for approval. As long as your agreement is fair, serves the best interests of any children, and abides by Texas law, it will likely be approved. 

Grounds for Divorce in Texas – Advice From a Houston Divorce Attorney

Texas law provides several grounds for divorce. Texas also allows for a no-fault divorce, which means you do not have to prove that your spouse did anything wrong to cause the end of the marriage. No-fault divorce in Texas is based on “insupportability,” referring to irreconcilable differences between you and your spouse. 

In Harris County, as in all Texas counties, once you file your divorce petition stating the grounds for divorce, your spouse must be notified and has the opportunity to respond to the allegations or make their own claims. The distinction between no-fault and fault-based grounds can become important in contested cases where issues such as property division, child custody, or alimony are disputed. For example, if the court finds that one spouse has committed adultery or cruelty, this may influence the judge's decisions during property division or conservatorship determinations in your Houston case. Working with a knowledgeable Houston divorce attorney can help you understand your options and the possible legal effects of stating fault-based grounds in your situation.

Texas law also recognizes fault-based grounds for divorce, such as cruelty, adultery, abandonment, felony conviction, mental illness, and living separately and apart without cohabitation for at least three years. 

Residency Requirements for Divorce Attorneys in Houston

To file for a divorce, either you or your spouse must have lived in Texas for the previous six months and in the county where you file for the previous 90 days. If you live in another state and your spouse still resides in Texas and has lived in the state for the previous six months, you may file for divorce in the county where your spouse resides. 

Houston-area residents should pay close attention to these residency requirements, as filing in the wrong county can result in significant delays or dismissal of your case. The Harris County Family Law Center processes thousands of divorce filings each year, so ensuring that you meet the local residency requirement is a crucial first step. If you recently moved to the Greater Houston area or are considering divorce across county lines, a local divorce attorney can help you determine the proper venue and avoid procedural errors that might extend the overall process. Additionally, if your spouse is in Texas and you are out of state, you can still access the Texas courts for relief by adhering to these residency criteria.

Temporary Orders & Relief During a Houston Divorce

During a divorce in Houston, the family courts often issue temporary orders to address urgent needs while your case is pending. These orders can cover child custody, child support, spousal support, possession of the marital home, or even restraining orders to prevent certain actions by either party. Temporary orders hearings are usually scheduled early in the process and serve to stabilize important aspects of daily life until a final agreement or court decision is reached.

If you have immediate concerns about your finances, access to your children, or property preservation, Attorney Mora can help you request appropriate temporary relief in the Harris County courts. At The Mora Law Firm, we work efficiently to prepare all necessary documentation and advocate for fair temporary arrangements, ensuring your rights are protected from the very beginning of your divorce process.

Divorce Mediation in Houston – Guidance From a Divorce Lawyer

The court may order you and your spouse to participate in mediation at any time. Mediation allows you and your spouse to work out all necessary agreements and arrangements to finalize your divorce on your own terms. This approach allows you to remain in control of these critical decisions, rather than being directed by the court. Attorney Mora can help you understand the mediation process and how it may impact your case. 

Mediation is often particularly valuable in Houston, where the local courts encourage parties to reduce conflict and settle issues amicably wherever possible. In Harris County, courts frequently require mediation in family law cases before proceeding to trial, knowing that mutually agreed solutions help families avoid the stress and expense of protracted litigation. Mediation can cover a range of issues, including property division, child custody, and visitation schedules, and parties maintain more autonomy in crafting arrangements that fit their family's unique needs. Even complex or high-conflict divorces can benefit from skilled mediation, as it provides a confidential and flexible forum for working through disagreements and fosters long-term cooperation. An experienced Houston divorce attorney or divorce lawyer will serve as your advocate during mediation, inform you of your rights, and guide you through negotiations to protect your interests.

How Is Property Divided in a Texas Divorce? Advice From a Houston Divorce Lawyer

Texas is a “community property” state, which means assets acquired during a marriage are considered to be owned equally by both spouses (see Tex. Fam. Code § 3.002). When it comes to divorce, division of property requires all marital assets to be divided equitably between spouses. Note that “equitably” does not necessarily mean a 50/50 split; rather, assets are divided in a manner deemed fair by the courts. Additionally, any separate property, or property acquired by one spouse either before or during the marriage, is not subject to division. It will remain with that spouse as long as clear and convincing evidence proves it is indeed separate property. 

In Houston divorces, commonly addressed assets may include the family home, vehicles, retirement accounts, business interests, investment properties, and even valuable collectibles or intellectual property. The division can become particularly complex when spouses own businesses, have significant debts, or hold property in multiple states. Texas courts allow for the consideration of various factors—such as each spouse’s earning power, fault in the breakup of the marriage, and primary caregiver status—when determining what is equitable. If you have questions about tracing separate property or identifying community assets and debts, working with a Houston divorce attorney familiar with local property law will help you safeguard your interests and clarify which assets are subject to division in Harris County courts.

Division of assets and debts can sometimes become quite complex, especially when dissolving long-term marriages. It is important to work with an experienced divorce attorney or divorce lawyer who can help untangle the history of assets and liabilities and ensure your interests are protected.

Contested vs. Uncontested Divorce in Houston

When facing the end of a marriage, understanding the difference between contested and uncontested divorce is crucial. In an uncontested divorce, both spouses agree on all major issues, including property division, child custody, and support arrangements. This type of divorce is typically faster, less expensive, and less stressful, as it involves minimal court intervention. The spouses work together, often with the help of a mediator, to reach a mutually satisfactory agreement.

For Houston-area couples, pursuing an uncontested divorce can often mean a streamlined process in the local courts, sometimes without ever having to attend in-person hearings. However, even in uncontested divorces, all paperwork must be diligently completed and the final decree submitted for a judge's review. In contrast, when disagreements persist on any key issue, the case becomes contested—triggering additional court appearances, negotiations, or even a trial before a family law judge. Highly contested matters might require gathering evidence, expert testimony, or engaging in multiple settlement conferences. The distinction not only impacts the timeline and cost but can also affect your ability to move forward peacefully. Consulting a Houston divorce attorney or divorce lawyer early in the process will ensure you understand which divorce route is right for you and that your case is presented effectively to the local Texas courts.

In contrast, a contested divorce occurs when the spouses cannot agree on one or more key issues. These disagreements lead to a more complex and lengthy legal process, as the court must intervene to resolve the disputes. Contested divorces often involve multiple court appearances, extensive negotiations, and sometimes a trial. They can be emotionally draining and significantly more expensive due to increased legal fees and court costs.

Choosing between contested and uncontested divorce depends on the unique circumstances of each case. For couples who can communicate effectively and compromise, an uncontested divorce may be the best option. However, when significant disagreements exist, a contested divorce may be necessary to ensure a fair and just outcome. A knowledgeable Houston divorce lawyer can provide guidance and legal representation tailored to the specific needs of each client.
 

Protecting Children’s Best Interests in Houston Divorce Cases – Guidance From a Divorce Attorney

One of the most emotionally charged aspects of any divorce is addressing issues related to child custody, visitation, and support. In Harris County, courts are guided by the mandate to serve the best interests of the child when making these crucial decisions. This can include evaluating each parent’s living situation, their ability to provide a stable home, and any history of parenting involvement. Understanding Houston’s unique standards for parenting plans, joint managing conservatorship, and primary residence can make a significant difference in your case.

At The Mora Law Firm, Attorney Mora works closely with parents to develop practical, forward-thinking parenting plans that reflect your children’s needs and Houston’s family law standards. When disputes arise or modifications are needed, we advocate firmly and compassionately, always prioritizing your children’s well-being and helping you navigate the local courts’ expectations to secure fair, workable arrangements.

Frequently Asked Questions About Houston Divorce Attorneys & Family Law

How Long Does a Divorce Take in Houston, TX, With a Divorce Lawyer?

The length of a divorce in Houston often depends on whether the case is contested or uncontested. Texas law enforces a mandatory waiting period of 60 days after the initial petition is filed before a divorce can be finalized. However, if conflicts exist regarding property, custody, or support, the process may extend several months—or longer—due to hearings, discovery, and court scheduling within Harris County. Simple, uncontested cases may resolve soon after the waiting period, while contested cases can take a year or more. Attorney Mora, an experienced Houston divorce attorney, will work to keep your case on track and find ways to minimize delays typically encountered in Houston family courts.

What Documents Will I Need to Start the Divorce Process With a Houston Divorce Attorney?

To begin the divorce process in Harris County, you’ll typically need personal identification, proof of residency, marriage license information, and, if applicable, information regarding your children. You’ll also need financial statements, such as pay stubs, tax returns, bank account details, and information about property and debts. Gathering these documents early ensures accuracy in your initial petition and can help your divorce attorney advise you on planning for property division, support, and other issues common in Houston divorces. The Mora Law Firm helps clients organize all necessary documents efficiently, reducing stress during this critical phase.

How Is Spousal Support (Alimony) Determined in Houston Divorces by a Divorce Lawyer?

Spousal support, also known as maintenance, is not automatically granted in Texas divorces. Instead, courts in Harris County evaluate factors such as the length of the marriage, the financial resources of each spouse, employment history, and the presence of family violence or disability. If the court finds maintenance is justified, it then determines the amount and duration based on clear legal guidelines. Attorney Mora provides guidance on what to expect from local judges, helps gather and present evidence, and can negotiate spousal support arrangements that are fair and enforceable under Houston’s family law parameters for each client seeking representation from a Houston divorce lawyer.