Phone: 806-744-4000

1506 Main Street, Lubbock Texas

Divorce

A divorce can encompass many issues. You will need a divorce attorney with experience handling emotional and difficult divorces. A divorce lawyer that will listen to you and represent you in your divorce. The Lopez Law Firm has helped hundred of divorce clients in Lubbock and handled divorce cases in the surrounding counties and many other counties in Texas including Floyd (Floydada), Crosby (Crosbyton), Garza (Post), Dawson (Lamesa), Terry (Brownfield), Hockley (Levelland), Lamb (Littlefield), Bailey (Muleshoe). We can also help with cases in Midland, Odessa, Abilene, Snyder, Dallas, Fort Worth, El Paso, Houston, San Antonio. 

Quick Tip:

Start getting all your financial information together. Gather bank account, credit card, mortgage, car loan, and retirement account numbers and amounts. This goes a long way to making the divorce process easier.  Confused? contact us.

Call 806-744-4000
Email: jaime@thelopezlawfirm.com

Divorce Procedure

• Divorce is filed in the county where one of the parties lives. It is required that at least one party live in Texas for six months and the county for ninety days.
• The Petitioner is the party that files the divorce first. The Respondent is the one that is served with the divorce.  The Respondent is either served by a process server or can sign a waiver to avoid being served. Contrary to popular belief, the person filing first does not receive an advantage nor does the Judge look down on the person filing the divorce.
• When the divorce is filed, a Temporary Restraining Order can be put in place.  This does not mean that the Respondent is a violent person. It is NOT a Protective Order.  The Temporary Restraining Order (TRO) tells the parties to act right, to not sell off or destroy property, and not to run off or hide the children.
• If a TRO is done, than a hearing will occur with 14 days.  At the hearing, the parties can reach an agreement to guide them through the end of divorce.  If no agreement is reached, a Judge will hear evidence and make Orders as to property and children.
• After the hearing, there is a wait for the final hearing.  The divorce cannot be final for 60 days.  If it is a contested divorce, things can take longer.  It is recommended that there be some discovery done to try to get a handle on all the issues and property.  There has to be full disclosure so that the Judge has a complete and accurate picture as to the parties property and parenting ability.  
• Before the final divorce hearing, most counties require that the parties attend mediation.  Mediation is a procedure that allows the parties to reach a divorce agreement both are comfortable with rather than airing all their dirty laundry and allowing a Judge to make a decision as to how their children and property will be divided.
• If no agreement is reached, a final hearing is conducted by the Judge. The final divorce hearing is usually only to a Judge, however, either party to a divorce is entitled to a Jury trial. The Judge or Jury will make decisions regarding fault in the divorce, division of property, and issues regarding child custody and child support.
• Whether the divorce is done by agreement or hearing, a Final Divorce Decree has to be done.  This will incorporate formal language regarding the agreement or decision of the Judge or Jury.

FAQ

• Do I need fault grounds to get a divorce? No. you can get a divorce on no fault grounds. That ground is Insupportability. Basically, you are telling the Court that the marriage is no longer working and there is not a chance that you will get back together with your spouse.
• What if I think there is fault in the divorce? Fault in a divorce proceeding includes adultery, cruel treatment (that renders further living together insupportable), abandonment (for at least one year with the intent to abandon), long-term incarceration (more than one year), confinement to a mental hospital for at least three years, or living apart for at least three years.
• Is there Alimony while the divorce is pending? While the divorce is pending, you can receive temporary spousal support.  Even if no temporary support is ordered, the Court can make on party responsible for a majority of the debts or living expenses while the divorce is pending.
• What about alimony after divorce?  Texas does not have "alimony". There is something called "maintenance".  Under the law, you can request and qualify if: 1) there is a history of domestic violence; 2) the marriage was longer than 10 years and the spouse does not have sufficient means to support themselves; 3) he marriage was longer than 10 years and the spouse is a custodian of a child who requires substantial care requiring the spouse to stay at home with the child.
• How will the Court divide property? There is no 50/50 requirement, but the Court must divide property in a fair and right manner.  The Court can also take into consideration the earning power of the spouses and fault in the breakup of the marriage (see above).
• The property is in my name only so is it mine?  Depends, any property acquired during marriage is considered community property unless you can prove it is separate property.  If you had the property before marriage, you received through an inheritance, or received as a gift, you can make a claim of separate property.
• What about my children?  See our Support and Custody page.

 

Other Types of Family Law we can help with:

• Marriage
• Divorce
• Separation
• Child Custody And Visitation
• Division Of Property And Debt
• Child Support during divorce
• Modification Of Child Support, Child Custody And Visitation after divorce
• Adoption
• Enforcement Of Orders
• Grandparent's Right
• Spousal Support And Alimony
• Paternity
• Termination of Parental Rights
• Mediation And Arbitration
• Collaborative Law
• Domestic Violence
• Protective Orders

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We cover all of Texas. Primary locations include Lubbock, Hale (Plainview), Floyd (Floydada), Crosby (Crosbyton), Garza (Post), Dawson (Lamesa), Terry (Brownfield), Hockley (Levelland), Lamb (Littlefield), Bailey (Muleshoe). We can also help with cases in Midland, Odessa, Abilene, Snyder, Dallas, Fort Worth, El Paso, Houston, San Antonio, Houston. We focus on providing help with family law (divorce, custody, child support), criminal defense (assault, controlled substance, theft, DWI, probation revocations), and personal injury cases.