Divorce Attorney in Montgomery County, TX

Walking Beside Clients as They Navigate the Family Law System

Deciding to end a marriage is a tough choice, but how you approach the process and the support you receive can make it easier. Divorce involves critical decisions impacting all parties. Key considerations include the division of marital property (assets and debts), child conservatorship (determining decision-making rights for a child’s upbringing), visitation arrangements for the non-custodial parent, and spousal maintenance (alimony) for financial support, especially with income disparities. All elements require careful legal negotiation for an equitable and sustainable resolution. The law firm of Justice By Carter, PLLC, can inform you of your rights in Montgomery County and ensure you have experienced legal representation during negotiations or trial proceedings.

Family law matters involve the things and people that are most important to you. Ensure you’re prepared to fight for what you’re entitled to when you partner with Justice By Carter, PLLC. Call our Conroe office at 346-595-8002 to set up a free 30-minute phone consultation.

What Are the Requirements for Filing for Divorce in Texas?

To be able to file for divorce in Texas, at least one party must have been living within the state for the last 6 months and be a resident of the county where the proceedings will be filed for the previous 90 days. Texas also requires that you file for divorce on one of seven grounds:

Insupportability
Cruelty
Adultery
Conviction of a felony that results in your spouse’s imprisonment for at least one year, as long as you didn’t testify in court
Abandonment, which must be for at least one year
Living apart without cohabitation for at least three years
Your spouse has been confined in a mental hospital for at least three years, and their condition is not likely to improve.

Most divorces in Texas are filed based on insupportability because this is a no-fault divorce. Filing for divorce on any of the other reasons means you will have to prove that those grounds exist.

Texas law also requires that the parties wait at least 60 days before the divorce can be finalized after it has been filed. However, some exceptions can be made, such as if there is domestic violence.

What Is the Difference Between a Contested and Uncontested Divorce?

When talking with others about divorce, you may hear the terms uncontested and contested divorce. These refer to whether the two parties agree on the divorce terms. An uncontested divorce is when both spouses agree to divorce and on all terms, including property division and child custody, child support, and spousal maintenance, if applicable. An uncontested divorce case is generally simple and can be finalized more quickly because court intervention through trials and hearings isn’t required. The only thing needed is for the judge to make the terms the parties have already agreed upon part of the official order.

A contested divorce is one in which the couple doesn’t agree on one or more aspects of the divorce. The parties can disagree on absolutely everything, but a divorce where the parties agree on everything except parenting time for the children would also be a contested divorce. It’s also not uncommon for the parties to start out agreeing on everything but for things to change as the case progresses. This is why working with an attorney is critical, even if you think your divorce will be “easy.”

How Does Texas Handle Property Division in Divorce?

Texas is a community property state, which means that all marital property and earnings accrued during the marriage are considered to be jointly owned by both parties, regardless of who brought in the income or purchased the property. This also applies to debts, even if a credit card was only in one spouse’s name, if the purchases were made during the marriage.

In most cases, the only separate property is that which was owned prior to the marriage or was acquired through an inheritance or gift to only one person. For example, if one spouse gave the other a piece of jewelry for an anniversary, this would be the separate property of the receiving spouse.

While some community property states require that all assets and debts be divided equally, Texas takes a different approach. The court is required to divide the community property in a way it deems “just and right” and takes into account the “rights of each party and any children of the marriage.” This means other factors, such as child custody or the parties’ earning capacity, could be considered. An attorney can help you understand the potential options and be your advocate as you navigate these legal issues. They can help negotiate the best outcome for a settlement and be prepared to argue your case at trial, if necessary. And

What About Spousal Maintenance (Alimony) in Texas?

In addition to property division, a spouse may be eligible for spousal maintenance, commonly referred to as alimony, under certain conditions. Unlike community property, which is generally divided during the divorce, spousal maintenance is a post-divorce support payment that one spouse may be ordered to pay the other.

According to Texas Family Code § 8.051, a court may order spousal maintenance only if the spouse seeking support lacks sufficient property after divorce to provide for their reasonable minimum needs and meets at least one of the following conditions:

The paying spouse was convicted of family violence (or received deferred adjudication) against the other spouse or their child within two years before the divorce suit was filed or during the divorce proceedings.
The spouse seeking maintenance cannot earn enough income to meet basic needs because of an incapacitating physical or mental disability.
The marriage lasted 10 years or longer, and the spouse seeking support has made a diligent effort to earn income or develop skills to provide for their needs.
The spouse is the custodian of a child from the marriage who requires substantial care due to a physical or mental disability, making it impractical for the spouse to earn sufficient income.

Spousal maintenance is not automatic in Texas. Even if a spouse qualifies, the court has discretion in determining whether to award support, the amount, and the duration — often considering factors like education level, employment history, infidelity, and each party’s financial resources.

If you think you may be entitled to spousal maintenance or are concerned about having to pay it, an attorney can help evaluate your situation and guide you through the legal process.

When Should You Meet With a Montgomery County Divorce Lawyer?

Many couples talk about divorce for years before someone finally files, and it’s not uncommon for a couple to attempt to reconcile even after the legal proceedings have started. This often happens without any legal counsel, as the parties may feel like this is too formal a step or makes everything seem “real.” However, the truth is that by the time you’re filing for divorce or have been served with divorce papers, you should already have legal representation working on your case.

Hiring an attorney as early as possible in the process — even if you aren’t sure you want to file yet — is key to understanding your rights and protecting your assets. It can also ensure you know what to expect for any potential child custody issues and how to navigate these conflicts without hurting your case.

Whether you’ve recently made the decision to end your marriage or you’re already in the middle of a contentious divorce, talk to an experienced family law attorney at Justice By Carter, PLLC. Serving Montgomery County and the surrounding area, our firm helps clients when they need it the most. Schedule a free 30-minute phone consultation when you call 346-595-8002.