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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:

  • Harris County
  • Fort Bend County
  • Brazoria County
  • Galveston County
  • Montgomery County
  • Waller County
Schedule a Consultation with Our Divorce Lawyers

Our Divorce Process

Consultation

We like to understand all of the facts and the desired outcome at the beginning of a case to give the best legal counsel for your divorce.

Legal Documentation

Our divorce attorneys create a Petition for Divorce.

Legal Notice

Our divorce attorneys can help identify the best way to give legal notice.

Negotiation

Our divorce attorneys work with you to understand what you’re owed and how to negotiate for a positive outcome.

Trial

In the event that the two parties cannot decide, we’ll represent you in court and strongly defend your case.

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.

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.

Schedule a Consultation with Our Divorce Lawyers

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

No Fault Divorce

If possible, this type of divorce gives you more control of the outcome in a less combative environment.

Fault Based Divorce

It may be advantageous to pursue a fault based divorce. You’ll need to be able to prove that one of the following situations applied to your case:

  • Cruel treatment
  • Abandonment for at least one year
  • One spouse has been incarcerated for more than a year
  • Your former partner has been in a mental hospital for more than three years
  • You have been living apart for at least three years
  • One of the spouses committed a felony
We Fight for What Is Fair

Spousal Support

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
More About Child Support
Experienced Family Law Attorneys

Divorce is personal. So are we.

As a boutique law firm, we promise that you have our full attention and support. Our divorce attorneys work to answer all of your questions, respond to any needs quickly, and give you the support you deserve.

Hear from Our Past Family Law Clients

Mrs. Legha has been there for me and my family on multiple legal matters that involved sensitive and complex situations. She was quick to understand the very complex nature of legal matters and was very thorough in her recommendations and how to proceed through such cases. She showed over and over again that she always had her client’s best interest in mind and also that she was very experienced and knowledgeable in her field. Highly recommend the professional services of Mrs. Legha! Thank you again for your endless help.
Dewan Nafi R.
Dewan Nafi R.
03:19 13 Feb 23
I had the pleasure to consult with Jason on potential defamation litigation against a 3rd party. He provided a wealth of information, and made sure I was making the right choice for my family. I will be back for all my legal needs.
D C
D C
18:16 11 Aug 21
Jason and his teammate Myra, from day 1, have answered all of my questions, as well as given very helpful advice along with being a very knowledgeable team! I will be working with them in the future as well as letting all family and friends know about them.
Chad R.
Chad R.
19:19 20 Jul 21
I HIGHLY recommend this firm to handle any Real Estate Law business you may have. Jason and his team are very knowledgeable, professional, friendly, and take care of your business in a timely manner, with complete integrity. I had a situation with a property deed, and somebody had misinformed me as to the best method to handle it. Jason immediately understood my situation, and advised me of the correct way to handle it, after hearing various ways to handle a special situation. He and his Office Manager (Myra) stay on top of every aspect of your business, and follow up to ensure that your matter worked out as planned. My particular situation didn’t involve any disputes, but I wanted it handled correctly. He set up a conference call between myself, the other party, and him to ensure we were all aligned on the process and documents involved, thoroughly explained everything to both of us, where we felt comfortable and trusting that it was being handled correctly. The other party involved felt very secure about him handling our business, and spoke highly of him and his Team, although I hired him to represent me, but he was very fair and honest in explaining everything thoroughly to her, and asked if we both understood a few times during his initial consultation. His team prepared the documents exactly how he explained, and set up times to meet in person to sign documents with a notary in his office. They made things flow so smoothly and timely, explaining every step along the way, got the documents recorded with Harris County, so that we could move forward with our deed transfer in place. I retained him just to make sure we were doing everything correctly, and he advised us of the correct method, explained it thoroughly, prepared paperwork for our signature, filed them with the county, and of course gave us copies of everything along the way. His fees were very reasonable, especially considering the knowledge, professionalism, and courtesy/friendliness exhibited by the team. Jason always made time to speak with me, and provided some guidance on a few questions that were not necessarily associated with my situation, which was extremely helpful to me.On a side note, I chose Jason to represent me when I needed to get something started ASAP, so I was randomly calling all Real Estate Lawyers in the area, and he just happened to answer my call after 6:00pm while leaving the office on a Friday evening. I asked him if I could have a 2 minute conversation with him about my situation. Although he was leaving after a long week, he told me I had 5 free minutes of his time to explain my situation, and then explained the proper way to handle it, explained the process and documents, and scheduled an initial consultation with him for the the next week, which would accommodate everybody’s schedule. At least 20 minutes later, we ended our discussion, which is a huge compliment to him for talking to me without appointment 1 1/2 hours after the office had closed (not promising that on his behalf, for everybody). I can not say enough about the professionalism, knowledge, and definitely customer service exhibited by Jason and his team. They truly work as a team, and treat you like family. I would recommend the firm to anybody who has the need for the services they offer and have expertise in. Jason will be the first to tell you whether he has expertise in a particular area of Law, and most definitely follows the Lawyer’s Creed. His Office Manager (Myra) is fantastic with staying on top of things, does fantastic work,, and keeps clients informed about everything that is happening, with a professional and friendly manner. This firm will treat you like family, but also have expertise, knowledge, and professionalism at the forefront. Thank you to Jason, Myra, and Team.Gary Annis
Gary A.
Gary A.
00:07 03 Jun 21
Highly recommended for Family Law! Ms. Legha provided thorough legal guidance; she walked us through our concerns & helped us fully understand our options to move forward. The quality of her professionalism & knowledge of family law surpassed our expectations. We will not hesitate to source this firm’s services in the future!
Jac
Jac
17:33 17 May 21
My husband and I were looking to purchase a local business and needed a lawyer to draw up paperwork. Mr. Oxner was very knowledgeable in process and gave solid advice to soon to be first time business owners. We were so pleased with his staff of highly professional office personnel, we used Mr. Oxner for our family estate planning as well as for our extended families planning. It is rare to find the mixture of education, skill, experience, AND professionalism with the ease in communicating our desires that we have experienced with this firm. We appreciate the pleasant and encouraging conversations throughout each process. It was worth the 1-1/2 hour drive for us to meet in office. My husband always says, " it cost for excellence, you get what you pay for"....Mr. Oxner was very competitive in contract prices but I believe his firm adds a personal warmth, a calming affect if you will that in my book is priceless. Thank you Mr. Oxner...and staff!
Jeri K.
Jeri K.
17:28 26 Jan 21
My family recently had a situation needing legal assistance. Jason Oxner was very professional and responsive and provided the legal advice needed, expeditiously. I plan to use him again to rewrite my will. Definitely five stars!
Charlotte W.
Charlotte W.
11:21 13 Dec 20
Ms. Legha represented me in a divorce. She always had my best interest in mind, listening and responding to what I was saying. She offered pros and cons in every discussion, and always respected my opinions. Ms. Legha is very thorough and knowledgeable and led me through the process effectively. After the hearing, she gave me specific instructions for my responsibilities concerning documents and changes to be made. Any questions that arose, she researched thoroughly. Her staff is outstanding and very responsive to any request. The entire group is highly intelligent and at the same time most personable and concerned about their clients.Follow-UpRecently, I returned to the Oxner Legha Law Firm and engaged Mr. Oxner to write my new will. He is a perfect combination of a knowledgable lawyer, an attentive listener, and an effective communicator. He heard my concerns, my wishes, and then reviewed my divorce papers. He gave me options that covered all of my needs and explained the pros and cons of each option. When I popped up with new information that I had failed to share at the beginning, he very patiently discussed any implications that may arise. His patience is endless. As a client, I felt calm and confident in his ability to do a thorough job. The staff is excellent and the process of virtual consultation was flawless and time efficient. If I have any legal needs in the future, without a doubt, this is the law firm I will be using.
Rebecca M.
Rebecca M.
21:05 10 Nov 20
Excellent Service. Prompt reply. They have thorough knowledge of family law and estate planning. Jason and jaylin were very helpful in explaining me the various options that were perfect for me. From a price point they are very competitive. I will highly recommend them for all your estate planning and family law needs.
Samarth M.
Samarth M.
16:36 01 Jun 20
I was referred to the Oxner Law Firm by another attorney, from my initial phone call I was completely put at ease. My consult with Jason was insightful and I walked away feeling more knowledgeable about my case and my legal rights. Jason went above and beyond and helped me draft a legal document. I would definitely recommend this office to all my friends and family!
Saida C.
Saida C.
00:10 09 Jan 20
Mr.Oxner is an amazing attorney. He has helped me and my family out in so many ways and has always made it easy to understand the circumstances. I highly recommend Oxner Legha Law Firm to anybody who needs any assistance. He has never left me unsatisfied!
Joshua S.
Joshua S.
21:01 19 Nov 19
If you or anyone you know is going through one of the toughest things to deal with in life such as a divorce and/or seeking legal custody of children, I highly recommend Arpita Legha and her team. She is an intelligent, articulate attorney that possesses great empathy towards a most difficult situation. I was very sad to find myself in the situation where I felt divorce was the best option but knew that I needed help to navigate this and am so fortunate I had Arpita by my side through this journey.From the moment I walked in for a consultation, it was very clear that Arpita was first and foremost, a compassionate, honest and caring human being who was invested in helping me through the process over all else. She was the first attorney I met with and I hired her that day, didn’t need to interview any others. I was confident she was the best person to guide me through this divorce and she proved me 100% correct.She was ALWAYS extremely communicative, straight forward and accessible. No matter how much time passed between our communications, she was continually dedicated to knowing all the details of my case. Her fees were affordable, and she happily worked with me to formulate a payment plan that I was comfortable with. She was consistent in meeting any deadlines discussed and honest in any challenges she foresaw. When I was led by emotion, she understood behaviors we encountered that I still did not and made sure that she was successful in looking out for the best interest of myself and my children. For this I am extremely grateful.Arpita was a fierce advocate for me and I couldn’t have gotten through the process without her. Even though my divorce was final a year and a half ago, she still calls and checks in with me periodically to see how the kids and I are doing … this is the biggest thing that sets her apart from other family law attorneys, SHE SINCERELY CARES.
m L.
m L.
18:26 21 Oct 19
This Law Firm is top notch in all my dealings with them. They go the extra mile to make sure you understand every step of your legal needs.You could not ask for better legal firm for family law and getting all legal documents for your will, power of attorney and medical documents.They made a hard situation a little better with the all that they did for me.
Sharon H.
Sharon H.
01:44 08 Oct 19
Oxner Legha Law Firm are my go-to for any and all family & civil issues I may face. Anytime I’ve had questions, Arpita has been nothing but helpful and honest in her approach of helping. Thanks for all you do!
Hardeep S.
Hardeep S.
18:15 06 Sep 19
Arpita and Jason are both savvy and compassionate professionals who will work with you to come up with the best solutions for your business and your family. They truly care about their clients and deliver top notch service with kindness.
Amanda H.
Amanda H.
14:11 06 Sep 19
My wife and I worked with Jason on a will for our family. He was very informative and helpful in putting this together. The process went great and we would definitely use him again for any legal services.
Derek S.
Derek S.
12:10 22 Jun 19
Arpita goes above and beyond to help her clients. She takes the time to explain each step, and keeps her clients well informed throughout the daunting process of the legal system. She is thorough and will leave no stone unturned to get the right result for her client. She is very approachable and spent a lot of time answering all my questions in detail. I have referred many friends and family members to her and will continue to seek her legal expertise. She is very knowledgeable, and takes your privacy very seriously. I highly recommend her.
Vikas
Vikas
01:42 20 Jun 19
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