Divorce & Family Law Attorneys Serving the Houston Area

Divorce isn’t what anyone plans on. We know that coming to a decision to get a divorce can be a trying and difficult process. While tensions are high, you may have immediate needs and concerns that need to be addressed as soon as possible. In even the friendliest of cases, when it comes to dividing assets, businesses, and equalizing property through payments, costly mistakes can be made and feelings may swiftly change. We take the time to listen to the unique circumstances for every client and provide a personal plan that puts  your health, assets, and children at the forefront of our concern.

It’s always best to consult with a divorce lawyer, no matter the type of divorce. Divorces in Texas have particular rules and processes that must be followed, and making a mistake can cause costs to pile up and delays in your case. While some couples in Houston try to avoid  having a lawyer involved, having a divorce lawyer who knows the family laws of Texas helps ensure your health, safety, children, and assets are protected during a divorce.

Oxner Legha is an experienced Houston-area family law firm that has helped in no fault divorces, custody cases, high-asset divorces, and property disputes. We are experienced litigators in the Houston-area and support divorce clients in the following Texas counties:

Our Divorce Process

Divorce Consultation

Before we take on a case, we require that clients meet for a consultation to ensure that expectations are provided and to get a better understanding of your personal situation. Our consultations last for at least an hour, in which we’ll work with you to get a clear view of next steps. If more time is needed and both parties agree, we can schedule additional consultations and fact-finding sessions to get all of the details clearly laid out for your needs. Consultations are a great way to better understand not only your situation but our process and how we can best help you negotiate your divorce to the best outcome.

Divorce consultation can take place in a variety of ways, and they are always held with a divorce attorney specializing in family law.

• In-person in our North Houston office
• Over the phone
• Over a video conference

We recommend scheduling a divorce consultation either through our online form or by calling our office. Payment for the consultation will need to be provided in advance, and we will work with you to find a time that fits your schedule. Our divorce lawyers are available to meet after business hours or on the weekend, but you’ll need to schedule any consultation requests in advance. In some cases, consultations can be provided the same day as requested. Just contact our office to schedule the earliest convenient time for you.

Legal Documentation

Legal documentation occurs at several points of a divorce case. From the initial filing to the divorce decree, special care must be taken that your documentation meets each court’s requirements. There are differences between Harris County and Fort Bend County, for instance, that must be taken into consideration with your legal documentation filing. Each Texas County is unique, and we recommend using a divorce lawyer who specializes in family law to file any of your required paperwork.

There are several documents you’ll need to get divorced, but all divorces start with an Original Petition for Divorce. This document describes the reason for the divorce and lists all shared assets, properties, debts, and dependents. It can be a daunting legal form to file, and there are advantages to being the first party to file the divorce petition.

Legal Notice

After you have filed for divorce, you are legally recognized as the Petitioner of the lawsuit, and your spouse is the Respondent. In Texas, it is the Petitioner’s obligation to give a Legal Notice to the Respondent, a practice commonly known as “serving papers.” There are two ways to give legal notice:

1. Ask your spouse to sign a Waiver of Service.
2. Hire someone or request the local Sheriff’s office to serve your spouse.

Of course, we at Oxner Legha handle this part for our clients, and the information here is for educational purposes only. Schedule a consultation with our family law attorneys to get started.

If your divorce is amicable, the first method of serving your spouse – by Waiver of Service – can be used to initiate the process. But don’t do it in advance. Make sure your spouse signs the Waiver of Service at least one day after you filed the petition with the clerk. Arrange for a notary to be present when your spouse signs, as you must prove to the court that the signature on the waiver is indeed the signature of your spouse. Once the waiver is signed and notarized, you will file it with the same District Clerk’s office where you filed the original petition.

How Can I Initiate Divorce Without Seeing My Spouse?

When you are getting divorced, you may want to avoid your spouse for many reasons. Whatever they may be, the best way to avoid further conflict is by hiring someone else to deliver the divorce petition for you. This is known as the Service of Process. The Oxner Legha team can handle the entire process for you.

The server should take care of the next steps. The server will have your spouse sign for proof of the exchange, and they should file a Return of Service with the court. Occasionally, the Return of Service will be given to you directly, and if so, you will need to file that with the court yourself.

Again, at Oxner Legha we are happy to save you the headache and oversee the serving process for you.

What If I Am Afraid Of My Spouse?

Personal service, a.k.a. using a process server to deliver the divorce petition, is highly recommended if you fear your spouse.

Please note: if you are currently experiencing domestic abuse, please stop reading this page and immediately call the 24-Hour National Domestic Violence Hotline at 800-799-7233. [For the hearing impaired, please call 800-787-3224.] If there is domestic abuse in the marriage, you may qualify for exemptions and legal protections not covered in this article.

What If I Can’t Find My Spouse?

If you are getting divorced in Texas and you can’t find your spouse, the court may intervene through a process called Serving by Posting or Publication. This process is exactly what it sounds like: the judge may order legal notice to be posted in the court or published in a newspaper.

But it should be said that this process is rare, expensive, and not available to everyone. In the case that you do qualify, you must provide extensive proof that you cannot locate your spouse, and the court may even require you to pay for a lawyer to represent your missing spouse.

Negotiation

If you file for divorce, your spouse may choose to serve a Counterpetition. This allows your spouse to state the grounds they have for divorce and whether they have any requests for the decree.

If the relationship between the two of you is not amicable, the divorce is referred to as a High-conflict Case. We’ll work with you to file Temporary Orders to establish how custody of the children and property will be shared until the divorce is finalized. Our divorce lawyers are especially equipped to handle contested cases and will work hard to defend you and your children to the utmost.

Mediation will be required before the final hearing, in this instance. In contested divorces with children involved, it may be appropriate to consider home evaluators and parenting courses, and our divorce lawyers can advise you on the best path to get the desired outcome. It is ideal to try to reach a Settlement between the two parties before appearing before a judge.

Trial

If the divorce is contested, and if you must appear in front of a judge to answer questions, it is paramount to have a family law attorney by your side. You will need to be prepared to provide legally recognized reasons for your requests, as well as all appropriate documentation.

Our divorce lawyers are experienced trial lawyers who have helped many divorce clients receive the best outcome possible. We work to ensure the evidence supports your argument and that your case is supported with a sound legal structure. It’s best to engage a divorce lawyer early in the process if you think your case may go to trial, as it allows the lawyers to deeply understand the relevant facts and support your argument to the fullest.

Divorce Types in Texas

While rare in Texas, spousal support can be awarded by the court if the following applies to you:

• There was documented violence committed against you or your children by your spouse within the last two years, and the violence documented via a conviction or deferred adjudication
• The marriage lasted for over 10 years and you lack the ability to earn income
• You are either disabled or the caretaker for your disabled child, which renders you unable to provide for your minimum needs
• Your and your spouse agree to spousal support after the divorce

Hear from Our Past Family Law Clients