Family Law
Divorce
Uncontested and contested divorce representation across South Texas, including community property and custody issues.
Divorce in Texas is governed by the Texas Family Code, which treats the marital estate as community property unless proven otherwise. That single principle controls how houses, cars, retirement accounts, businesses, and debts are divided when the marriage ends. Even an "amicable" divorce becomes complicated when one spouse owned property before the marriage, inherited money during it, or operated a business that grew during the marriage.
Beyond property, divorce decrees set the framework for custody, possession and access (visitation), child support, medical support, and in some cases spousal maintenance. Each of those terms binds you for years afterward. A decree drafted poorly costs more in post-divorce enforcement than a careful original draft would have cost in attorney time.
A no-fault divorce in Texas can be granted on the grounds of "insupportability." Fault grounds - cruelty, adultery, abandonment, felony conviction - remain available and can affect the division of property and spousal maintenance. In some cases the strategic choice between no-fault and fault is critical.
We handle uncontested divorces efficiently for couples who have already worked out the major terms. We handle contested cases in Starr, Hidalgo, Cameron, and Webb County family courts. We pay particular attention to community property characterization, valuation of family businesses, and protective orders where family violence is in the picture.
Common scenarios
Situations we see often
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Uncontested divorce with no minor children
Both spouses agree on property division and there are no minor children. The case can proceed quickly on a Waiver of Service.
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Contested divorce with minor children and a family home
Custody, possession schedule, child support, and division of the home and retirement accounts are all in dispute. Temporary orders set the early framework.
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Family-violence divorce with a protective order in place
A spouse has been served with a protective order. The divorce must coordinate with the protective order proceedings and address safety throughout.
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High-asset divorce involving a closely held business
A spouse owns a business that grew during the marriage. Characterization, valuation, and a buy-out arrangement become central issues.
Anonymized case stories
Real-life examples
Every case is unique. Identifying details have been modified to protect client confidentiality.
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A client filed for an uncontested divorce after a long separation. The other spouse had refused to engage for months. We used a waiver-of-service approach, drafted the decree in plain English and plain Spanish for both parties to read, and finalized the case within a week of the 60-day waiting period.
Uncontested decree finalized at day 67.
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A contested divorce involved a small business and a retirement account. The opposing party was hiding income. We pursued targeted discovery on the business bank statements and used a forensic accounting summary to establish the true marital estate before mediation.
Just-and-right division of mischaracterized assets achieved.
What to do
If this happens to you
Make copies of everything: tax returns, bank statements, retirement account statements, deeds, vehicle titles, business records, and credit card statements. Spouses can become difficult to access once filing is imminent, and Texas family courts increasingly require thorough financial disclosure under Tex. R. Civ. P. 194.
Do not move out of the marital home, transfer significant assets, or cancel insurance policies without talking to a lawyer first. Each of those actions can affect the temporary orders, the property division, or both. Avoid public conflict on social media.
How we help
How our firm can help
We file the petition, secure temporary orders where needed (custody, support, exclusive use of the home, restraining orders against waste of community assets), and conduct discovery proportionate to the case. For amicable cases we draft and review Mediated Settlement Agreements and decrees that hold up in enforcement years later.
We push contested cases through to mediation or trial as needed. We coordinate with forensic accountants when characterization or business valuation is central. For protective-order cases we coordinate the criminal and family proceedings so the client's safety remains the priority.
Evidence
What evidence we will need
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Marriage certificate
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Birth certificates for any children
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Recent pay stubs (last 3 months) and W-2s for both spouses
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Last 2 years of tax returns
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Bank, credit card, and investment account statements
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Retirement account statements (401k, IRA, pension)
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Real estate deeds, mortgages, and most recent appraisal
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Vehicle titles and current loan balances
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List of debts: credit cards, student loans, medical, personal loans
Cautions
What NOT to do
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Do not move children out of Texas without an order
Even amicable relocations trigger emergency motions. Texas Family Code 153.001 favors continuing contact with both parents - get a written order first.
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Do not empty the joint account
Temporary orders typically restore status-quo finances. Pay routine bills, document everything, and stop.
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Do not bad-mouth the other parent on social media or in front of the kids
Screenshots and child interviews come into evidence. Courts notice which parent can co-parent and which cannot.
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Do not sign anything sent by the other side's lawyer without yours reviewing it
Even "simple" agreed orders often have child support, retirement and tax provisions that lock in for years.
Critical windows
Deadlines you should know
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60-day waiting period
60 daysTex. Fam. Code 6.702 - no final decree can issue earlier than 60 days after the petition is filed.
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Temporary orders hearing
Within ~30 days of filingMost counties set a TO hearing within a month for custody, child support and exclusive use of the residence.
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Inventory and appraisement deadline
Set by scheduling orderEach party must file a sworn inventory of community and separate property under the court's scheduling order before mediation.
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60 days
minimum statutory waiting period for a Texas divorce
Tex. Fam. Code 6.702
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10 years
minimum marriage length for general spousal maintenance eligibility
Tex. Fam. Code 8.051(2)
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#2
state by population - shaping the volume of family court filings
U.S. Census Bureau, 2023
Common questions
Questions about Divorce
How long does a divorce take in Texas?
There is a statutory 60-day waiting period from the date of filing to the date the decree can be signed (with limited exceptions). Uncontested cases can finish at 61 days; contested cases routinely take 6 to 18 months depending on the issues.
Is Texas a community property state?
Yes. Property acquired during the marriage is presumed community property and subject to "just and right" division. Separate property (acquired before marriage, by gift, or by inheritance) belongs to the spouse who owns it but must be proven by clear and convincing evidence.
Will I get spousal maintenance?
Spousal maintenance is limited and capped in Texas. It generally requires a marriage of at least 10 years, an inability of the requesting spouse to earn enough to provide for minimum reasonable needs, and other specific criteria. Maintenance based on family violence is also available with shorter eligibility windows.
Can I move out of state with my children after the divorce?
Texas family law commonly requires children to remain within a specific geographic area (often the county and contiguous counties) unless both parents agree or the court orders otherwise. Relocation is one of the most contested post-divorce issues we see.
Related topics
More under Family Law
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.