Divorce Lawyer
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According to the CDC, in 2011 there were 877,000 divorces in the United States. In a report from the American Psychological Association, more than 20 percent of first marriages end in divorce within five years, and 48 percent of marriages dissolve by the 20-year mark, according to 2006-2010 data from the government’s National Survey of Family Growth. According to the Texas Department of State Health Services, in 2012, Texas had 80,030 divorces. This means there was 1,006 more divorces in 2012 then there was in 2011. These numbers show that you are not alone when going through a divorce. Divorce Lawyer servicing Friendswood, Pearland, League City and Galveston County areas. Call our Divorce Attorney at 713-829-4317.
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Our Divorce Lawyer knows that divorcing is a complex process and it is important to maintain control of many legal details. Each member of our office is deeply entrenched in the family law legal community which is of great benefit to our clients. At the Pascoe Law Firm our Divorce Attorney practices divorce and has experience negotiating final settlements for his clients in divorce. We know that during a divorce your life is in crisis and by paying attention to details, we will secure your best possible future. Whether you and your spouse can negotiate amicably or if you are headed to court, our office can keep the legal proceedings moving forward saving time, money, and helping to alleviate your stress.
Divorce Attorney Servicing League City and Friendswood
Our Divorce Lawyer knows that the divorcing process is a very personal and often a very stressful time. With significant life changing decisions to be made, it is critical to have an experienced divorce attorney in the League City, TX area who can aggressively fight for your best interests while showing you the compassion and personal attention you need in the areas of alimony, division of assets child support, and child custody. As our clients walk through this very sensitive time, we provide balance to the chaos handling the complex legal issues to keep the divorce process moving to a successful resolution. During this time of stress, you will deal with many unpleasant feelings. You may also have feelings of failure due to the demise of your relationship. You may be hurt by the words and actions of your spouse, and further devastated by infidelity. You may be searching for legal guidance but still confused about how the law in Texas applies to your specific case. You also may be very concerned about what is going to happen to you in the coming months and years. No matter how simple or complex your case is, we can handle the legal maneuvering for you protecting your rights and your future. Our Divorce Attorney understand first-hand how difficult this and have helped clients just like you weather the storm of divorce and come out on the other side in fantastic shape to rebuild their lives. Focusing on our personalized legal strategy to fit you're the details of your life, we aggressively represent you providing the legal support you need to move through the process as quickly as possible. We also handle:
Divorce Process In Texas
The Cooling Off Period
Often our Divorce Lawyer is about the process of getting divorced and what to expect. First, at least one of the parties, either spouse, has to have been a resident of Texas for a continuous six-month period. Additionally, the spouse that resides in Texas must have also been a resident of the county where the divorce is filed for at least 90 days prior to the filing for divorce. It is important to remember that Texas is a “No Fault Divorce State.” However, if one spouse is alleging that the other party is at fault for the breakup of the marriage the court will often take this into consideration when analyzing and making a judgment on what would be an equitable division of the marital property. In Texas, courts cannot grant a divorce until 61 days have passed form the date of the petition was originally filed. This 61 day period is often called the "cooling off period" and is in place to allow couples to change their mind if they so choose to do so. Once the divorce is final you cannot get married before 30 days to anyone, unless it is the spouse you just divorced
Filing of The Petition and Answer of of Petition
In Texas, divorce is required to follow the following steps or process before it can be completed. Either spouse can file a document called “Original Petition for Divorce” with the Court. The party that files this document is called the “Petitioner.” Once the original petition for divorce is filled with the court, the document needs to be personally served (delivery through a formal process of being able to prove that the other party has received the document) the other spouse. The other spouse receiving the original petition is listed as “The Respondent.” If both spouses are working to get the divorced to occur the respondent can waive the right to be personally served with the original petition.
Temporary Restraining Order (If needed)
In some divorces a temporary restraining order might be needed. When the petitioner of the divorce files the original petition they can request for a temporary restraining to be issued by the court. Temporary Restraining Order require that no assets disappear before they can be divided by the court, and requires that the spouses act civilly toward each other and not threaten or harass the other party. If a Temporary Restraining Order is issued, the court must schedule a hearing within 14 days of issuance. At that time, the court may make the Temporary Restraining Order into a temporary injunction against both parties. After the Respondent has been served with the Original Petition they will have 20 days plus the next following Monday to file an Answer. Additionally, a court will issue temporary orders, which will be in effect while the divorce is pending and until the divorce can become final. Temporary orders normally deal with child custody, visitation, and support for any children. It will detail the temporary usage of property and separating of debt.
Discovery
If additionally information is needed to separate the two parties the two sides can send interrogatories. Interrogatories are questions that must be answered and provided to the other side. The interrogatory process is normally associated with “discovery” and is a process where the two sides exchange information and documents. If interrogatories and discovery are not needed, the two sides can set the case for mediation. Mediation is a formal process where two sides work with a mediator (a neutral third party) to work to resolve any issues that may prevent the divorce from moving smoothly. Once an agreement between the parties has been reached one of the spouses or attorneys will prepare an Agreed Decree of Divorce, which will contain all of the terms of the agreement. Both of the spouses and their attorneys will need to sign it, and eventually the judge sign the agreement as well to finalize the divorce separation. If mediation fails, the case will be set for trial on a date in the future. At the conclusion of the trial, one of the attorneys will prepare a Final Decree of Divorce to present to the judge for signature. This will contain all of the court's rulings and will resolve all issues pertaining to the divorce, and is binding on the parties going forward.
Length of Time
In Texas, a divorce cannot be final for at least 60 days after the petition is filed. The divorce is final as soon as the judge pronounces it so in open court and signs the decree of divorce. If the spouses are not in agreement, it typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict. "No-fault" divorce is allowed under Texas law. However, if fault alleged for causing the breakup of the marriage, then court may take the fault into consideration when determining what an equitable division of the marital property. As a result, your divorce lawyer may want to include fault grounds in your petition for divorce. The statutory grounds for a fault divorce are: adultery, cruel treatment (that renders further living together insupportable), abandonment (for at least one year with the intent to abandon), long-term incarceration (more than one year), confinement to a mental hospital for at least three years, or living apart for at least three years. For a no-fault divorce, your petition alleges "in-support-ability," which is defined as discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.
Community Property
The court will start with a presumption that all the property earned or acquired by either spouse during the marriage is “community property” when analyzing a divorce. The term community property means that the marital property is equally owned by both of the spouses. If you have separate property you have to prove it by tracing it with "clear and convincing evidence." Separate property includes property acquired by just one spouse by gift or inheritance. For example, you might show that you inherited some money from your grandmother and always kept it in a separate account with only your name on it. The court divides community property between the spouses in a "just and right manner." In most cases, that means a 50-50 split. In some cases, however, factors such as unequal earning power and fault in the marital relationship can affect the division of property.
Lawyer For Divorce in Galveston County
If divorce may soon become a reality for you, call us at 713-829-4317. Please call as soon as possible to speak with our divorce lawyer, we can help protect your interests when dealing with a divorce. The Pascoe Law Firm handles divorces and helps individuals going through this troubling time. We provide caring and compassionate attention for divorce, child support, child custody and other family-related matters. Simple resolution and settlements are not always possible when getting a divorce. Even when the parties agree, you need to be assured that your best interests are getting protected when going through the divorce process. Meet with an experienced Galveston County Divorce Lawyer at the Pascoe Law Firm. The Pascoe Law Firm and founding attorney John D. Pascoe will help you make decisions that are the best for you and your family when dealing with a divorce. As an experienced trial lawyer, he has the skills and knowledge to serve you no matter what the circumstances of your divorce. We offer confidential consultations. Please call our divorce attorney to scheduled a consultation.
Divorce - Reports, Research, & Statistics - Galveston County / League City
Healthy Divorce: How to make your divorce split as smooth as possible
National Marriage and Divorce Rate Trends
2012 Marriage and Divorce - Texas
2011 Marriage and Divorce - Texas
National Marriage and Divorce Rate Trends
2012 Marriage and Divorce - Texas
2011 Marriage and Divorce - Texas
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Webpage is intended solely for residents of Texas or Persons seeking representation within Texas. An Attorney-Client relationship only occurs when both parties agree that the Attorney will represent the Client and will not be created until that agreement occurs. Website and all of its pages is intended to be used for educational purposes and does not constituted as legal advice. All information on every page the website does NOT suggest or claim that the attorney has a specialization in any area of legal practice or certification. Attorney not certified by the Texas Board of Legal Specializations.
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