Texas Family Law and Divorce Strategies for Beginners

Texas Family Law and Divorce Strategies For Beginners

Navigating the complexities of Texas family law and divorce requires expert legal guidance and an understanding of the emotional and legal challenges involved. The Law Office of Bryan Fagan, PLLC specializes in providing this expertise, offering compassionate and comprehensive support to individuals undergoing the stressful and life-changing experience of divorce.

Their team of seasoned attorneys is adept at resolving family law cases, helping clients manage everything from property division to custody arrangements, ensuring that each client’s rights are protected and their voices heard during this pivotal moment in their lives.

Understanding Divorce in Texas

In Texas, the primary aim of divorce courts is to deliver fair and equitable rulings for both parties involved. This process involves a careful examination of each case’s unique aspects, ensuring that the outcomes align with the principles of fairness and justice.

Types of Divorce

Contested Divorce: Where parties disagree on one or more issues like property division, child custody, or alimony.
Uncontested Divorce: Both parties agree on all major issues, leading to a smoother and often quicker resolution.
Military Divorce: Special considerations apply, such as handling military pensions and potential overseas deployments.

Temporary Orders: These are crucial in providing immediate structure on issues like child custody and spousal support during the divorce process.
Divorce Mediation: A facilitated negotiation process aimed at reaching a mutually agreeable settlement without court intervention.
Alimony and Spousal Support: Financial support from one spouse to another, which can be a complex issue depending on the duration of the marriage and each spouse’s financial situation.
Marital Torts: Legal wrongs in a marriage context, such as domestic violence or infidelity, that can impact the divorce process.

Marital Property Division in Texas Divorces

Navigating the division of marital property in Texas divorces is a complex and critical aspect of the process, often requiring intricate legal and financial understanding. Texas operates under the principle of community property, which means that most assets and debts acquired during the marriage are considered jointly owned and must be divided equitably upon divorce.

Distinction Between Marital and Separate Property

  • Marital Property (Community Property): This includes all assets and debts accumulated during the marriage, such as homes, vehicles, savings accounts, and credit card debts.
  • Separate Property: Assets acquired before the marriage, as well as gifts, inheritances, or personal injury awards received individually during the marriage, are typically considered separate property and not subject to division.

Special Considerations in High Income/Net Worth Divorces

Texas Family Law and Divorce Strategies For Beginners

For high-income individuals or those with significant assets, property division can become particularly complex:

  • Valuation of Assets: Accurate and fair valuation of diverse assets such as businesses, stock options, and intellectual property is crucial.
  • Tax Implications: Understanding the tax consequences of dividing certain assets can prevent unforeseen financial burdens post-divorce.
  • Asset Protection: Strategies like trusts or offshore holdings may require specialized legal insight.

In this intricate process, The Law Office of Bryan Fagan, PLLC plays a pivotal role. They offer experienced legal representation to ensure that your interests are protected during the division of marital property. Their approach involves a thorough understanding of your individual situation, meticulous asset analysis, and strategic negotiation to reach a fair and equitable settlement. This careful guidance is especially crucial for safeguarding your financial future post-divorce.

Houston Family Lawyer

The family law attorneys at The Law Office of Bryan Fagan, PLLC routinely represent spouses going through divorce and other family law matters throughout Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County. By seeking legal representation as early as possible we can help you with important decisions and planning options that protect your rights and may lead to a more favorable resolution of your case. You need a lawyer who understands not only family law, but who also understands your personalized needs and goals.

Family Law Information Center

  1. Divorce
  2. Marital Property Division
  3. Child Custody
  4. Child Support
  5. Visitation
  6. Marital Agreements
  7. Enforcement
  8. Modification
  9. Adoption


The objective of Texas divorce courts is to provide both parties with fair rulings. If you feel you may be getting the low-end of the bargain, contact The Law Office of Bryan Fagan, PLLC Attorneys at Law immediately to begin working out solutions for acceptable resolution of your case. Our divorce lawyers are experienced in handling a wide variety of divorce cases and issues that may affect a divorce proceeding, including:

  1. Contested Divorce
  2. Uncontested Divorce
  3. Temporary Orders
  4. Divorce Mediation
  5. Alimony and Spousal Support
  6. Marital Torts
  7. Common Law Marriage
  8. Military Divorce
  9. Protective Orders
  10. Health Insurance Obligations
  11. Reimbursement Claims

Marital Property Division

During your marriage you have likely accumulated marital property and debt such as real property, oil and gas interests, retirement accounts (401(k), IRA, pension, etc.), vehicles, business interests, jewelry, household goods, personal effects, and credit cards. You may also have separate property that is not subject to division by the court. Let us sort out the details, advise you, and represent your interests in the division of your marital property.

  1. High Income / High Net Worth Divorce
  2. Complex Property Division
  3. Business Owner Divorce
  4. Retirement and Employment Benefits
  5. Separate Property
  6. Just and Right Division of Marital Property
  7. Characterization of Marital Property
  8. Divorce Planning
  9. Hidden Assets
  10. Tracing

Child Custody

Often, the most difficult aspect of parent separation is deciding on parental rights where your children will live after the separation. There are many factors to consider, but the most important factor is the best interest of your children. Let us help you present your case to the other parent and to the court in the most favorable light possible. We’re experienced in handling all types of matters effecting child custody cases, including:

  1. Geographic Restrictions
  2. Joint Managing Conservators
  3. Sole Managing Conservator
  4. Psychological Evaluations
  5. Social Study
  6. Amicus Attorney / Ad Litem Attorney
  7. Child Custody Modifications
  8. Child Custody and Visitation Enforcement

Child Support

Whether you need to establish child support payments, modify your current child support order to either increase or decrease the amount of child support, or enforce a child support order, call us today to discuss your options regarding:

  1. Paternity
  2. Child Support Trust / Child Support Annuity
  3. Children with Special Needs
  4. Above-Guideline Child Support
  5. Life Insurance for Child Support Obligation
  6. Guidelines for Net Resources Up to $8,550
  7. Guidelines for Net Resources Over $8,550


Concerned about obtaining fair visitation rights? The Law Office of Bryan Fagan, PLLC is experienced with visitation agreements and is willing to work with the court to ensure the best interest of the child. Contact us for if you are in need in representation in family court. Provide us with information on your case in our online form or call (281) 810-9760

  1. Specialized Visitation Schedules
  2. Grandparents’ Rights
  3. Deployed Parents
  4. Standard Possession Order

Marital Agreements

Texas Family Law and Divorce Strategies For Beginners

At the Law Office of Bryan Fagan, PLLC we are knowledgeable and experienced in marital property agreements. Spousal agreements prior to marriage to protect a person’s assets (also known as pre-nups) are no longer exclusively for the wealthy. There are many reasons why individuals desire to enter into a contract with their soon-to-be husband or wife, and we can counsel you, draft premarital agreements, and have them properly executed to meet your goals. If you are in need of legal representation for pre- or post-marital agreements, our attorneys will aggressively represent you to achieve your goals.


Contact The Law Office of Bryan Fagan, PLLC attorneys for assistance with child support, visitation or property division enforcement orders. If you are not receiving the child support, visitation, or property the court awarded to you, you may bring an enforcement action. Our attorneys will zealously represent you and assist in enforcing the prior orders of the court.

  1. Child Support Enforcement
  2. Custody and Visitation Enforcement
  3. Property Division Enforcement


At The Law Office of Bryan Fagan, PLLC we are committed to ensuring the well being of your children. When major changes occur with the parents that affect the needs of children, there may be a need to modify custody, child support, or visitation rights. Our attorneys will assist in providing effective solutions that protect your best interests and those of your children.

  1. Child Support Modification
  2. Custody Modification
  3. Visitation Modification
  4. Parental Relocation


If you are in the process of adopting a child, The Law Office of Bryan Fagan, PLLC attorneys are available to assist you. When adopting a child in Texas before the adoption is finalized the biological parents must terminate their parental rights. Once the parental rights have been terminated, the court will look to social workers, criminal history of the prospective parents, and other factors affecting the best interest of the child to determine whether adoption is appropriate. Contact us for guidance through the exciting, but sometimes trying adoption process.

Final Thoughts

Navigating a divorce in Texas can be a complex and emotional journey, but with the right information and expert legal guidance, it becomes manageable. This article aimed to simplify the key aspects of Texas family law for beginners, providing a clear starting point for those embarking on this life-changing path.

Remember, every divorce is unique, and personalized legal advice is crucial. The Law Office of Bryan Fagan, PLLC offers the expertise and support needed to guide you through this challenging process, ensuring that you are well-equipped to face this new chapter in your life with confidence and clarity.

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Frequently Asked Questions About Divorce in Texas

What is the 10-year rule in divorce in Texas?

The “10-year rule” in Texas divorce law relates to spousal maintenance (alimony). If a marriage has lasted for at least 10 years, the court may order spousal maintenance if it determines that certain conditions are met.

What is a stay-at-home wife entitled to in a divorce in Texas?

In Texas, a stay-at-home wife may qualify for a fair share of community property, spousal support (if eligible), and a portion of the assets accumulated during the marriage.

Who has to leave the house in a divorce in Texas?

During a divorce in Texas, neither spouse is legally required to leave the marital home. The decision often depends on individual circumstances and any court orders.

How does Texas split assets in divorce?

Texas follows community property laws, meaning assets acquired during the marriage are generally split equally. However, the court may consider factors like fault in the divorce when making property division decisions.

Does the length of marriage affect divorce settlement in Texas?

Yes, the length of the marriage can impact divorce settlements in Texas. Longer marriages may lead to different spousal support and property division outcomes.

Do I have to support my wife after divorce in Texas?

In some cases, yes. Depending on the circumstances, you may be required to pay spousal support (alimony) to your ex-wife as determined by the court.

What is spousal abandonment in Texas?

Spousal abandonment in Texas occurs when one spouse leaves the marital home without justification and without the consent of the other spouse. It can affect property and support decisions in divorce.

Who gets to stay in the house during separation in Texas?

During separation in Texas, the decision about who stays in the house can be negotiated between spouses or ordered by the court. It depends on individual circumstances and the best interests of any children involved.

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Categories: Family Law, Divorce

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