Skip to content 
Navigating the complexities of Texas family law and divorce requires expert legal guidance and a clear understanding of both the emotional and legal challenges at play. At The Law Office of Bryan Fagan, PLLC, we specialize in providing comprehensive divorce strategies, offering compassionate support to individuals facing the stressful and life-changing process of divorce. Our team is dedicated to helping you navigate this challenging time with the knowledge and care you deserve.
Our experienced attorneys resolve family law cases, guiding clients through property division, custody arrangements, and more. They ensure each client’s rights are protected and their voices are 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.
Key Legal Concepts
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, along with gifts, inheritances, or personal injury awards received individually during the marriage, are typically considered separate property and not divided.
Special Considerations in High Income/Net Worth Divorces
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.
Legal Representation and Advocacy
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
- Divorce
- Marital Property Division
- Child Custody
- Child Support
- Visitation
- Marital Agreements
- Enforcement
- Modification
- Adoption
Divorce
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:
- Contested Divorce
- Uncontested Divorce
- Temporary Orders
- Divorce Mediation
- Alimony and Spousal Support
- Marital Torts
- Common Law Marriage
- Military Divorce
- Protective Orders
- Health Insurance Obligations
- 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.
- High Income / High Net Worth Divorce
- Complex Property Division
- Business Owner Divorce
- Retirement and Employment Benefits
- Separate Property
- Just and Right Division of Marital Property
- Characterization of Marital Property
- Divorce Planning
- Hidden Assets
- 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 affecting child custody cases, including:
- Geographic Restrictions
- Joint Managing Conservators
- Sole Managing Conservator
- Psychological Evaluations
- Social Study
- Amicus Attorney / Ad Litem Attorney
- Child Custody Modifications
- 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:
- Paternity
- Child Support Trust / Child Support Annuity
- Children with Special Needs
- Above-Guideline Child Support
- Life Insurance for Child Support Obligation
- Guidelines for Net Resources Up to $8,550
- Guidelines for Net Resources Over $8,550
Visitation
Concerned about obtaining fair visitation rights? The Law Office of Bryan Fagan, PLLC has extensive experience with visitation agreements and works closely with the court to ensure the best interests of the child are upheld. Contact us if you are in need of representation in family court. Provide us with information on your case in our online form or call (281) 810-9760
- Specialized Visitation Schedules
- Grandparents’ Rights
- Deployed Parents
- Standard Possession Order
Marital Agreements
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 prenups) 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.
Enforcement
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.
- Child Support Enforcement
- Custody and Visitation Enforcement
- Property Division Enforcement
Modification
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.
- Child Support Modification
- Custody Modification
- Visitation Modification
- Parental Relocation
Adoption
If you are in the process of adopting a child, The Law Office of Bryan Fagan, PLLC attorneys are available to assist you. In Texas, before finalizing an adoption, the biological parents must terminate their parental rights. Once these rights are terminated, the court will consider factors such as the prospective parents’ criminal history, input from social workers, and other elements affecting the child’s best interests 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 divorce strategies are essential for a successful outcome. The Law Office of Bryan Fagan, PLLC offers the expertise and support needed to guide you through this challenging process, ensuring you are well-equipped to face this new chapter in your life with confidence and clarity.
Ebook
![Adobe Stock 62844981[2]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FAdobeStock_628449812.jpeg&n=lyb77lE9xrtgCBwp6uI0w)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
![Divorce Wasting Assets[4]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FDivorce-wasting-assets4.jpeg&n=8lPASF41oaoeg8hPxhPQ)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
Other Articles you may be interested in:
- Smart Strategies: How to Financially Prepare for Divorce in Texas
- Overcoming Intentionally Delaying Divorce Strategies for a Smoother Divorce
- 6 Preemptive Strategies to Protect Your Business from Divorce
- 6 Tips – On How to Prepare for a Texas Divorce
- 3 Tips on Things You Shouldn’t Do in a Texas Divorce
- 15 Quick Tips Regarding Filing for Divorce in Texas
- 6 Tips – On How to Prepare for a Texas Divorce
- Roadmap of Basic Divorce Procedure in Texas
- Child Custody Basics in Texas
- 6 Mistakes that Can Destroy Your Texas Divorce Case
- 10 Quick Tips About Parental Visitation
- Does it Matter who Files First in a Texas Divorce?
Frequently Asked Questions About Divorce in Texas
The “10-year rule” in Texas divorce law relates to spousal maintenance (alimony). If a marriage lasts at least 10 years, the court may order spousal maintenance if it determines that specific conditions are met.
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.
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.
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.
Yes, the length of the marriage can impact divorce settlements in Texas. Longer marriages may lead to different spousal support and property division outcomes.
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.
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.
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 the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
