Laredo Divorce Lawyer

In Texas, divorces fall into one of two categories: uncontested or contested. Understanding the difference is crucial to choosing the right legal approach for your situation.

Uncontested Divorce

An uncontested divorce occurs when both parties agree on all major terms, including property division, child custody and visitation, child support, and spousal maintenance.

Because there is no dispute, these cases tend to be quicker, less expensive, and less emotionally taxing. While agreement makes for a far less contentious process, it is still recommended to have legal counsel to ensure the terms are fair, enforceable, and fully address your needs.

Contested Divorce

A contested divorce involves disagreement on one or more issues. Disagreements can range from how to divide assets to who should have primary custody of the children.

Contested divorces often require negotiation, mediation, or, in some cases, court intervention if agreements cannot be reached. While this process can be more complex and time-consuming, it may be necessary when protecting your interests requires a more assertive legal approach.

Before you can file for divorce in Webb County, you must first meet specific residency requirements set by Texas law:

• State residency – At least one spouse must have lived in Texas for a minimum of six months prior to filing.
• County residency – The spouse filing for divorce must have lived in Webb County for at least 90 days before filing.

These requirements ensure that the local court has jurisdiction to hear your case. Filing in the wrong county or before establishing residency can delay your case or result in dismissal.

The state of Texas allows for both no-fault and fault-based divorces, giving spouses flexibility in how they approach the process.

No-Fault Divorce

Most divorces in Texas are filed under the no-fault ground of “insupportability,” which means the marriage has become insupportable due to conflict and discord with no hope of reconciliation. No-fault divorce does not require either spouse to prove wrongdoing.

Fault-Based Divorce

In some situations, alleging and proving fault may be beneficial to the outcome of the case. A fault-based divorce can impact decisions related to property division, spousal support, or even custody. Texas recognizes the following fault-based grounds:

• Cruelty – Repeated emotional or physical mistreatment that makes continuing the marriage intolerable.
• Adultery – One spouse engages in an extramarital affair.
• Felony conviction – One spouse is convicted of a felony and sentenced to at least one year without being pardoned.
• Abandonment – A spouse leaves the marital home voluntarily and remains away for at least one year with no intent to return.
• Living apart – Spouses have lived separately for three or more years without cohabitation.
• Confinement to a mental institution – One spouse has been confined for at least three years with no hope for recovery.

Even if you file under no-fault grounds, the court may still consider misconduct when dividing property or awarding spousal maintenance.

Every divorce must resolve specific issues before a final judgment is awarded.

Property and Debt Division

Texas is a community property state, which means that assets and debts acquired during the marriage are generally considered jointly owned. The court aims to divide this property in a manner that is “just and right” but not necessarily 50/50. Factors the court may consider when making this decision include:

• The length of the marriage
• Each spouse’s earning potential and financial needs
• Whether one spouse sacrificed career opportunities
• Any history of infidelity, abuse, or financial misconduct
• Contributions made by each spouse, including as a homemaker

While community property acquired during the marriage may not be divided evenly, courts strive to ensure that property division is as equitable as possible, providing both spouses with the resources they need after the divorce.

Child Custody (Conservatorship)

If you have minor children, you must resolve how you will share in the upbringing of your child. In Texas, the term for physical custody is “conservatorship.”

Texas law generally includes three types of conservatorship arrangements:

• Joint Managing Conservatorship (JMC): As the default presumption under Texas Family Code, this is where both parents share rights and responsibilities toward making decisions for their child, including their education, health, and religious upbringing. This does not guarantee equal time with the child, however.
• Sole Managing Conservatorship (SMC): One parent has exclusive authority to make major decisions for the child.
• Possessory Conservator: The noncustodial parent who retains visitation rights.

Visitation (Possession and Access)

Generally, Texas law uses the term “possession” to refer to physical custody, or where the child primarily lives. The term “access,” on the other hand, describes each parent’s right to visitation or shared physical custody. Visitation schedules, known as possession and access, can follow the Texas Standard Possession Order or be customized to fit the family’s needs.

In all matters related to children in a divorce or separation case, the court prioritizes the best interests of the child when making these decisions. Courts favor plans that allow children to maintain meaningful relationships with both parents. We work with parents to craft parenting plans that promote stability, encourage cooperation, and reflect your child’s emotional and developmental needs.

Child Support

Child support ensures that children’s basic needs are met, regardless of which parent has primary possession. In Texas, support payments are typically made by the noncustodial parent and are calculated using a formula based on the noncustodial parent’s net income and the number of children requiring support:

• 1 child: 20%
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5+ children: 40% or more

The court may also consider other factors, such as

• The child’s medical and educational needs
• Medical and dental coverage
• Existing support obligations for other children
• Time spent with the child by each parent
• Any extraordinary expenses related to the child’s care

Spousal Maintenance (Alimony)

Texas law generally favors financial independence after divorce, so spousal maintenance, commonly referred to as alimony, is awarded only in limited circumstances. To qualify for court-ordered maintenance, the requesting spouse must prove they lack sufficient income to meet basic needs, and one of the following must apply:

• The marriage must have lasted for at least 10 years, and the requesting spouse has made diligent efforts to earn an income or develop job skills.
• The requesting spouse is physically or mentally disabled.
• The requesting spouse is the full-time caregiver of a disabled child, making outside employment impractical.
• The paying spouse was convicted of domestic violence within two years prior to the divorce filing.

If awarded, the court determines the amount and duration of support based on several factors. Furthermore, Texas law caps both the amount and duration that spousal maintenance can be ordered. However, spouses may agree to more generous contractual maintenance terms as part of their divorce settlement.

While every case is unique, most divorces in Laredo follow a general sequence guided by Texas law and local court procedures:

• Petition for Divorce – The process begins when one spouse (the petitioner) files an Original Petition for Divorce in the district court. This document outlines basic information about the marriage, grounds for divorce, and any requests for property division, custody, or support.
• Service of Process – The other spouse (the respondent) must be formally served with the divorce papers unless they agree to waive service. They then have a set period to file a formal answer with the court.
• Temporary Orders – Either party can request temporary orders from the court to govern important matters while the divorce is pending. These may cover temporary custody, visitation, child support, spousal maintenance, and use of the marital home, among other matters. Temporary orders help maintain stability and prevent disputes while the case proceeds.
• Disclosures and Discovery – Texas law requires both parties to exchange mandatory financial disclosures. In more complex or contentious cases, formal discovery tools may be used to gather more detailed information about finances, assets, and parenting issues.
• Negotiation and Mediation – Many divorce cases are resolved through negotiation or mediation. Mediation may be court-ordered, allowing parties to reach a mutually agreeable resolution.
• Pretrial Hearings and Trial – If settlement efforts fail, the case proceeds to trial. Pretrial hearings may be held to clarify issues and encourage resolution. At trial, both parties present evidence and testimony, and the judge decides the unresolved issues.
• Final Decree of Divorce – Once all issues are resolved, either by agreement or court decision, the judge signs a final decree, which ends the marriage and sets out the terms. It is legally binding and enforceable.