Divorce

A suit for divorce can be brought by either spouse of a marriage in Texas. It only takes one person to get a divorce. Even if the other spouse objects or does not want a divorce the court will, once the issues are settled grant a divorce to the parties. There are up to three broad areas to resolve in a Texas Divorce case.

If you are married with children a suit for divorce in Texas encompasses three broad areas. First, there is the dissolution of the marriage relationship itself. This is the legal contract between the parties that binds them together. Second, there is the suit for the division of property. Since most income and property obtained during the marriage is presumed community property, the court must divide this property prior to granting a divorce of the parties. The standard used is the just and right division of property. This does not mean a 50/50 split of property, but instead takes into consideration many factors to come to its result. In many instances this is the most complicated aspect of a divorce.

Third, there is the Suit Affecting the Parent-Child Relationship sometimes referred to as a SAPCR. If you have children that are under 18 years of age, or children with special needs that may be over 18 there must be a determination by the court of conservatorship and support of the children. In cases where both parents are capable and contribute to the upbringing of the children the court will generally grant joint-conservatorship over the children. In joint conservatorship one parent has the exclusive authority to designate the residence of the child or children of the marriage but share in many of the other responsibilities and decision making regarding the children's upbringing. In many cases the designation of where the children reside can be limited to the adjoining or contiguous counties where the suit is pending.

In the SAPCR, periods of possession of the children for each parent are either agreed to by the parties, settled in mediation or resolved by the Court. In Texas, what is known as the Standard Possession Order is incorporated into many divorce decrees where there are children involved. The Standard Possession Order in Texas defines the minimum amount of time that the primary parent and non-primary parent will have possession of the children. The Standard Possession Order provides the non-primary parent a significant amount of parenting time which is defined in the Texas Family Code. However, the Standard Possession Order can be modified by the parties to fit their particular needs and circumstances. The Standard Possession Order also may serve as a fall back position for divorced spouses who cannot agree otherwise to sharing time with the children on the continuing bases. In that capacity, the Standard Possession order provides that minimum amount of time that each parent will have possession of the children, including terms for pick-up and drop-up times and places for times throughout the year.

A suit for divorce will not be granted until both the division of property and SAPCR are resolved. This can sometimes be challenging for a husband and wife who are pursuing a divorce. However, our staff is dedicated to working with our clients to assist them in achieving the very best outcome for their case.

Contested Divorce

Contested Divorces are those divorces where disagreement exists on one or more of the terms of the divorce. Unreasonable bargaining positions by one or both spouses often serve as the fuel for protracted, divorce litigation. At The Law Office of James Giries, we strive to come to agreement on as many terms of settlement as possible and to minimize areas of dispute. In some cases, the parties simply cannot agree on an important issue. It is therefore necessary to turn to a qualified attorney that has the ability to bring a favorable conclusion to the dispute. Complex and aggressive negotiation may be necessary in order to bring your divorce to a conclusion. Although we make every effort to resolve your case quickly and amicably, some cases result in a contested divorce requiring a trial to resolve.

Uncontested Divorce

The terms Contested or Uncontested are often used to characterize the nature of a Texas divorce proceeding. An uncontested divorce in Texas is usually predicated by agreement between the parties to obtain a divorce and agreement on the terms of the divorce. The concept is favored in Texas which has a no fault divorce or “irreconcilable differences” basis for granting a divorce. The benefit to having a truly uncontested divorce is that it is less expensive and more expedient for the parties involved to resolve.

In many cases the very conflicts that lead to the need for a Texas divorce carry through to disagreement on one or more aspects of the settlement terms. Disagreements between divorcing spouses often emerge around the division of assets, debts and terms regarding child support and visitation. In an uncontested divorce an attorney can provide valuable advice and assist in making sure all the necessary points are covered in the final decree related to child support and visitation, spousal support, and the division of property and debts.