KINGWOOD DIVORCE ATTORNEY
The breakup of a marriage is challenging. While it may be an emotionally difficult decision, divorce is a necessary process to move forward. With an experienced Kingwood divorce attorney on your side, you may be better equipped to handle the financial and logistical challenges during a divorce.
At Moffett Law Firm, we understand the complexities of both contested and uncontested divorce proceedings and can guide you through your legal options. Our Kingwood legal team has the skills and experience necessary to help you achieve your legal goals, whether they are complex property division matters, high-value assets, or other unique challenges. We utilize compassionate and knowledgeable litigation strategies because we understand the personal and technical legal nature of divorce. With over 30 years of combined experience, we have provided clients personalized attention and trusted legal counsel to achieve a favorable outcome and are prepared to help you.
What Are the Grounds for Divorce in Kingwood?
In Kingwood, you are permitted to file for a no-fault-based divorce or a fault-based divorce, depending on the circumstances of the end of your marriage.
No-Fault Based Divorce
No-fault-based divorces may be much faster to reach a resolution than fault-based divorces because both parties don’t have to prove who was responsible for the ending of their marriage. Additionally, in a no-fault-based divorce, you do not have to have your spouse’s consent to divorce.
The following are grounds for a no-fault divorce:
- No reasonable expectation that spouses can reconcile because of a conflict or discord
- Spouses have lived separately without cohabitation for at least three years
The Kingwood divorce lawyers at Moffett Law Firm have successfully handled divorces of all complexities. We’re not afraid to pursue a case to trial to achieve our client’s goals if high-conflict issues cannot be settled outside the courtroom.
Fault-based divorces may be contentious, expensive, and drawn out due to the burden of proof necessary to demonstrate that the spouse committed acts that meet one or more of Texas’ fault-based grounds for divorce.
The following are grounds for a fault-based divorce:
- Felony conviction
- Confinement to a mental hospital for at least three years
Providing evidence of a fault-based divorce may require the help of an experienced Kingwood divorce lawyer to build a case proving the spouse’s acts that led to the failure of the marriage.
Filing for Divorce in Kingwood, Texas
There are two types of divorce proceedings: an uncontested divorce and a contested divorce. Depending on the unique circumstances of the end of your marriage, you may proceed with an uncontested divorce if your spouse agrees to most terms. This allows you to make tailored decisions based on mutual agreement rather than having the court make those decisions for you.
An uncontested divorce may ultimately save you time and money and, often, result in a better outcome for everyone involved. At Moffett Law Firm, we are happy to assist you in creating a binding divorce agreement and Final Decree of Divorce.
Most divorce cases are contested and require extensive work from both the parties and divorce attorneys to finalize. Contested divorces require the following:
- The identification and valuation of community assets, including high net worth and complex assets
- The division of the assets and liabilities
- Income issues
- Claims for spousal support
Most contested divorces may reach an amicable resolution via settlement before the final trial. At Moffett Law Firm, we work diligently and fiercely to protect your best interests, whether at settlement or final trial. We have extensive experience handling the most complex divorce cases and fight to position you in the best possible position for achieving your legal goals.
What to Expect in a Texas Divorce
In a contested divorce, you may address the following two issues before a judge if you cannot reach an agreement before the final trial:
Regarding the division of property, Texas is a community property state, which means any property acquired or earned during the marriage isn’t separate property.
Separate property, described in Tex. Fam. Code § 3.001 (2021) may include the following:
- Something that belonged to one spouse before marriage and was kept separate throughout the marriage
- Property acquired by the spouse during marriage by gift or inheritance
- Personal injury awards recovered by a spouse for an injury sustained during the marriage
It is assumed by the court that any property the spouses have acquired during their marriage is community property. You must provide proof of separate ownership if you want the court to designate it as separate property.
Spousal support or alimony may be awarded for either spouse seeking support only if they don’t have enough property to provide for their reasonable needs. If a spouse qualifies for Texas spousal support, the judge will evaluate factors, such as both parties’ income and education. to determine the nature, amount, duration, and other methods of support.
Schedule a Consultation With Experienced Kingwood Divorce Attorneys at Moffett Law Firm
Every divorce is unique and complex and must be handled with care. One of Moffett Law Firm’s dedicated Kingwood divorce attorneys is here to help alleviate some of the stress and frustration of this process.