Montgomery County Divorce Attorney

Experienced Divorce Lawyers Serving Montgomery County, TX

Embarking on the divorce process often requires a significant leap of faith. Understanding the complexities of a divorce and managing expectations is a journey in itself. Thankfully, you don’t have to navigate this path alone. Choosing the Law Office of Bryan Fagan for your divorce case allows you to concentrate on your family, property, and setting goals. Our experience and determination are essential for success in your unique situation. We customize our representation based on your family dynamics, needs, and objectives.

In a case with high stakes, guidance and support are paramount. Our attorneys are dedicated to service, aiming to provide the best possible experience during your divorce, despite the inevitable challenges. Working with our lawyers means partnering with professionals who guide you through these challenges, adapting rather than being overwhelmed.

Starting the Divorce: Filing an Original Petition for Divorce

Did you know that the process of filing for divorce is a lot simpler than most people think? It’s true. An Original Petition for Divorce is the document that will begin your divorce case. This is not a complex document, but you must understand what it accomplishes on your behalf. The Original Petition for Divorce initiates the divorce case and introduces the court to you and your family. Depending upon the county where you reside, it may be a district court, county court, or county court at law where you will need to file your case.

Understanding Jurisdiction in Your Divorce Case

A court gains jurisdiction over your divorce if you or your spouse have resided in Texas for the past six months and in the filing county for at least ninety days. Keep in mind that both you and your spouse have the option to file for divorce in the respective counties of your residences.

Many clients initially struggle with where to start their divorce process. If you’re uncertain about initiating the process, our attorneys are here to guide you through filing your Original Petition for Divorce in the jurisdictionally appropriate county. Jurisdiction refers to the court’s authority to hear your case and issue orders.

Responding to a Divorce Filing

If your spouse has filed an Original Petition for Divorce, your next step is to file an Answer. This can be a straightforward document generally denying the allegations in the Original Petition. You might also consider filing a Counterpetition for Divorce for additional relief requests. The Answer should be filed by the first Monday following 20 days after being served with the Original Petition.

The Waiver of Service: Simplifying Uncontested Divorces

An alternative to filing an Answer is the Waiver of Service, acknowledging the right to be served but waiving it. This allows immediate participation in divorce negotiations. Uncontested divorces, where both parties agree on all issues, often begin with one spouse filing the Original Petition and the other responding with a Waiver of Service.

The Importance of Discovery

Discovery involves requesting information from your spouse to inform negotiation and trial preparation. This can include requests for disclosures, admissions, interrogatories, and production. Effective discovery is critical, and working with an experienced attorney can greatly benefit your case.

No Fault vs. Fault Grounds in Texas Divorces

Texas is a no-fault divorce state, meaning a divorce can be granted without specific grounds. However, fault grounds like abandonment, cruel treatment, or adultery can be advantageous in property division and conservatorship issues. Proving fault grounds requires substantial evidence, a process where an experienced attorney can be invaluable.

Temporary Spousal Support and Post-Divorce Alimony

Temporary spousal support can be crucial for financial stability during the divorce process. Post-divorce, spousal maintenance and contractual alimony are two forms of support, with different criteria and implications. Understanding and negotiating these forms of support require legal expertise.

Child Support and Conservatorship

Child support and conservatorship (custody) are central aspects of any divorce involving children. The Law Office of Bryan Fagan is equipped to handle complex child support calculations and conservatorship arrangements, ensuring the best interests of your children are prioritized.

Final Mediation and Trial Representation

The conclusion of a divorce often involves mediation or a trial. Our attorneys are adept in both settings, whether negotiating settlements in mediation or advocating in the courtroom.

Schedule a Free Consultation

Learn more about how the Law Office of Bryan Fagan can assist with your divorce in Montgomery County, TX. Contact us for a complimentary consultation with our experienced family law attorneys.

Texas Divorce FAQs

Does Texas offer legal separation?

Texas family law courts do not have a process for legal separation. If a couple would like to legally separate without officially ending their marriage, they can create their own separation agreement. This would function as a contract and be enforced as such. The family law courts would not enforce the contract.

Is there a waiting period for divorce in Texas?

While the length of a divorce can vary widely depending on its complexity, there is a minimum waiting period of 60 days after the divorce petition is filed before any decree can be made.

Is there a residency requirement to file for divorce in Texas?

Yes, in order to meet the residency requirements, at least one of the spouses must be a Texas resident for 6 consecutive months before the couple can file for divorce in the state. Furthermore, the spouse must also be a resident in the county where the divorce is going to be filed for 90 days or more.

Our Experienced Houston Divorce Attorney Can Help

If you are looking for an attorney who will stop at nothing to advocate on your behalf in or out of court, call the Law Office of Bryan Fagan, PLLC. The team is committed to doing everything within their power to succeed in securing a satisfactory result for every client.

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