Skip to main content

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


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.


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


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.


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.


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

Arpita met with me on a child support modification case. I have chosen to represent myself and Arpita was extremely helpful, providing guidance and process to fight my case. She did not pressure me into hiring her firm and even spent extra time to ensure I had everything I needed to research and fight for myself.
Shawn B.
Shawn B.
Navigating the complexities of divorce can be daunting, especially when seeking legal guidance remotely. However, my experience with Arpitha Legha, a family lawyer in my online consultation exceeded all expectations, thanks to her remarkable patience, empathy, and expertise.Despite the physical distance between us, the lawyer created an atmosphere of warmth and understanding from the outset. Through the online platform, she skillfully established rapport, making me feel heard and valued as a client. Her genuine empathy shone through the screen, instantly putting me at ease and fostering a sense of trust in their counsel.What truly stood out during my consultation was the lawyer's unwavering patience. Despite the limitations of remote communication, she never rushed our conversation or made me feel like just another appointment on their schedule. Instead, she patiently listened to my concerns, allowing me to express myself fully and without judgment.Her patience was evident in the way they carefully explained legal concepts and procedures, ensuring that I understood every aspect of my case. She patiently addressed all my questions and uncertainties, providing clear and comprehensive answers that empowered me to make informed decisions about my future. Her willingness to take the time to ensure my understanding was truly commendable.Moreover, the lawyer's patience was complemented by her depth of expertise in family law. Despite the online setting, she demonstrated a thorough understanding of the intricacies of divorce proceedings, offering insightful advice and strategic guidance tailored to my specific circumstances. Her combination of patience and legal acumen instilled in me a sense of confidence that I was in capable hands, even from a distance.Beyond her technical expertise, the lawyer's sustained patience spoke volumes about their commitment to my well-being. She took the time to address not only the legal aspects of my case but also the emotional toll that divorce can take. Her compassionate approach provided much-needed support and reassurance during a challenging time in my life.In hindsight, that online consultation with family lawyer, Arpitha Legha was a pivotal moment in my divorce journey. Her sustained patience, empathy, and expertise transcended the limitations of remote communication, providing me with invaluable guidance and support when I needed it most. For anyone seeking a family lawyer who will approach their case with compassion and understanding, I wholeheartedly recommend reaching out to this exceptional advocate.BOW TO YOU & ALL THE LOVE FROM THE BOTTOM OF MY HEART. YOU SHOULD HAVE A HEALTHY, PEACEFUL AND HAPPIER LIFE AHEAD.
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.
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.
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.
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.
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!
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.

Questions about family law?

We can help! Contact us today to get started.

Contact Us

Schedule a Consultation

To use this site and submit this form, you must consent to this site's privacy policy.