The Montgomery family attorneys of BB Law Group PLLC have extensive experience helping people like you navigate complex family legal matters. We have the skills and resources necessary to assist you with your case. Our team understands that legal matters like these can be complex and emotionally challenging, and we provide compassionate counsel and aggressive representation to help you achieve your goals. Whether you are considering divorce or need assistance with child custody, support, or another legal family matter, we could help.
Our Practice Areas
BB Law Group PLLC provides top-notch legal representation for individuals and families dealing with a wide variety of family matters including:
- Property division
- Alimony/spousal support
- High conflict custody
- Mediation and arbitration
- Child support
- High net worth divorce/high asset divorce
- Paternity actions
- Geographic restriction cases
- Enforcing, modifying, and defending out-of-state orders
- Child custody and visitation
- Domestic violence and restraining orders
We also handle a wide range of divorce filings, such as:
- Military divorce
- Collaborative divorce
- Simplified divorce
- Mediated divorce
- Contested divorce
- Uncontested divorce
The Montgomery family lawyers of BB Law Group PLLC are ready to face your family law issue head-on and attempt to achieve your desired outcome. We’re available 24/7 to speak with you, so do not hesitate to reach out to us.
Grounds for Filing a Divorce in Texas
Texas is a no-fault divorce state. A no-fault divorce means neither party did anything wrong to make the other want to petition for a divorce. You don’t need grounds to file or prove your spouse’s actions contributed to the unresolvable issues within your marriage. Both spouses agree they should not stay married any longer.
You could file for a fault divorce if you blame your spouse for the marriage ending. However, you must establish and prove one of these grounds for divorce:
- Abandonment – If one spouse leaves the other with the intention of abandoning them for at least one year, abandonment could be the ground for filing for divorce.
- Confinement in a mental hospital – A judge might grant the petition if one spouse is a patient in a state or private mental hospital at the time the other files. It must be unlikely that the confined party’s mental state will improve, or relapse is probable if it does improve.
- Residing separately – If you and your spouse have not cohabitated for at least three years prior to filing, you can use this as grounds for divorce.
- Adultery – Adultery is when one person engages in voluntary sexual intercourse with someone who isn’t their husband or wife. Evidence of adultery must exist to petition for divorce under these circumstances.
- Convicted of a felony – This can be grounds for divorce if one spouse served time in prison after receiving a felony conviction and the court has not pardoned them during the marriage.
- Cruelty – Cruelty involves cruel or abusive treatment of a spouse or child in a manner that makes it impossible for the spouses to continue to cohabitate.
Child Custody and Support
Multiple types of child custody arrangements are available in Texas. According to Family Code Title 5 Chapter 153, the different types of child custody include:
- Joint custody – Both parents are responsible for making important decisions and caring for their child when the court grants joint custody.
- Sole custody – Sole custody allows one parent to reside with the child and make decisions regarding education, healthcare, and other vital aspects of their lives.
- Split custody – If the divorcing couple shares multiple children, split custody allows each person to reside with one or more of their kids.
- Temporary custody – One spouse can live with their children while going through a divorce if the judge grants temporary custody.
Visitation might be allowed for the parent who doesn’t live with their kids primarily. Both parties can agree to a schedule for visitation. One of the parents might also have to provide the other with child support payments to meet their kid’s basic needs, such as:
- Medical insurance
One of the most commonly disputed issues during a divorce is the division of property. Texas is a community property state. That means both spouses have equal ownership over any assets acquired by either spouse during the marriage. If either person acquired the property through a personal injury settlement, as an inheritance, or before getting married, it is considered separate property.
The judge might decide how to split the property equally among each spouse by considering these factors:
- Whether one spouse has a severe illness
- Age of each party
- Length of the marriage
- Which person has primary custody of the children
- Whether the asset is separate or community property
- Both spouse’s incomes
Spousal maintenance is the term used to refer to spousal support or alimony in Texas. You must meet various requirements to petition the court for spousal maintenance during a divorce.
For example, the court might order spousal maintenance if you will lack insufficient property to meet your reasonable needs after divorce and have an incapacitating mental or physical disability that prevents you from earning sufficient income. Contact us today.
Are you considering filing for divorce, have you been served with papers, or do you need assistance with another family legal matter in Montgomery, Texas? If so, turn to the experienced family attorneys of BB Law Group PLLC for the qualified counsel you deserve. We’ll be ready to get to know you and discuss your rights when you call us or contact us online for a confidential consultation. Don’t wait. Call now.