Divorce Process in Houston, TX

Click to watch the video

Not all marriages end in happy ever afters. Sometimes, getting a divorce is the best thing to do to avoid any more problems and stress. The process of ending a marriage is a big decision to make, and it can be overwhelming. It won’t just affect you; it will also affect your whole family. If you’re planning to file for divorce, it is best to have a trusted Texas divorce lawyer by your side to assist you all throughout the divorce proceeding.

At Chargois Harper Attorneys and Counselors at Law, our experienced Houston Texas attorneys can provide you with the legal assistance you need especially in filling out your Texas divorce form and petition.

Divorce Qualifications

To qualify in filing for divorce in Houston, you must meet the following residency requirements:

  • One of the spouses must be a resident of Texas for at least 6 months prior to filing your divorce petition in court.
  • One of the spouses must be a resident of the county where the divorce is being filed for a period of at least 3 months.

Options for Getting a Divorce

Uncontested Divorce

Married couples usually opt for this type of divorce if the decision to live separate lives is mutual. When both parties in a marriage agree to divorce they must:

  • Not have any financial disputes (e.g. child support or spousal support/alimony)
  • Both agree to the divorce (if one party doesn’t show up for the divorce proceeding, it will be seen as an agreement to the divorce by the court)

Though many factors need to be considered in a divorce proceeding, and more complicated divorces may not exactly fall inside these parameters, if both parties have no problems with the divorce such as child custody, property distribution, and alimony, then an uncontested divorce is for you.

You can start working with your Texas divorce attorney and start drafting the documents needed to obtain a divorce in Texas and sign a legally binding settlement agreement that tells the court the couple’s plan for:

  • Marital property division
  • Child support and child custody
  • Marital debt allocation
  • Alimony
  • Other relevant terms


One of the most used methods of negotiating divorce settlements, a divorce mediation can help you and your spouse, together with your divorce lawyers, come up with a separation agreement that is mutually beneficial for both of you. Through the help of a neutral third party called a divorce mediator, you and your spouse can figure out what’s best for you and your family.


While mediation is absolutely worth trying for most couples, not every couple belongs in mediation. For example, if there’s domestic violence in your relationship or if you fought a lot during your marriage, then taking legal action may be necessary.

An uncontested divorce can also go through litigation if both spouses find it difficult to cooperate with one another, or if the other party refuses any of the terms in a divorce. This would cause them to contest their divorce and have a judge make the decision for their marital issues.

In general, during litigation, both parties would have to hire their own attorneys who will then formally request documents from the other party and present that evidence in court during the divorce trial. Spouses are often required to give their testimonies in front of the judge, have witnesses, and have experts resolve their lingering marital disputes. Our Houston family law attorneys can assist you in your divorce case.

A contested divorce may take months or even years to resolve, and a judge will make the final decision on any of the issues that the couple disagrees upon.

Going through a contested divorce can be heavy not just financially; it can also bring you physical and emotional distress. There are many benefits in getting an experienced Houston divorce attorney to help you during these hard times, so make sure to hire a lawyer who has extensive experience in divorce and family law matters who will have your best interest in mind.

Grounds for Divorce

Divorce “grounds” are legal reasons by which your request to get divorced is based upon. Grounds for divorce fall under two categories: fault-based divorce and no-fault divorce.

Fault Divorce

A fault divorce may be granted when the required grounds are present and at least one spouse asks that the divorce be granted on the grounds of fault.

In Texas, grounds for a fault-based divorce include:

  • Adultery
  • Abandonment (at least one year)
  • Long-term incarceration (at least one year)
  • Abuse of all types
  • Domestic violence
  • Felony convictions
  • Mental incapacitation
  • Mental or physically cruel treatment
  • Confinement to a mental hospital (at least three years)
  • Living apart (at least three years)

Once you file for a fault-based divorce, you have to provide evidence in court about the fault you specified. If you can prove that your spouse was at fault, causing the marriage to fall apart, then this may become a factor in determining spousal support, parenting time (if you have children), and division of marital property.

No-Fault Divorce

A no-fault divorce  is for spouses who can no longer live together due to “irreconcilable differences.” This “irretrievable breakdown of the marriage” is reason enough for you to live separate lives, and this would be your grounds to get a divorce. In a no-fault divorce in Texas, neither spouse is responsible for the separation.

A no-fault divorce is the most common type of divorce out there, and there are a few reasons for this. First, since you don’t have to prove that your spouse did anything wrong to cause the divorce, there’s essentially less tension and anxiety while going through the process of divorce. Second, it’s a big plus if you have children. Also, since you don’t have to prove fault, your petition for divorce will be processed more quickly.

Got Questions About Property Division During Divorce?

Watch the video below!

Click to watch the video

How Our Houston Texas Divorce Attorneys Can Help

Going through a divorce is stressful, but you don’t have to go through it alone. Find a divorce attorney who will not only give you legal representation but also give you support and guidance during this extremely stressful time. Here at Chargois Harper Attorneys and Counselors at Law, our Houston TX attorneys can give you personalized legal representation and help resolve all your legal concerns. Contact us today for your initial consultation.


You can count on us to protect your interests and resolve your legal concerns in Texas & Illinois.

I need help with:

Houston Office


11999 Katy Freeway #506
Houston, TX 77079

Illinois Office


150 N. Michigan Ave.,
Chicago, Illinois

Get Help From Our Illinois & Texas Attorneys

I need help with:

All the information on this website – – is published in good faith and for general information purposes only. Chargois Harper Attorneys and Counselors at Law does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (Chargois Harper Attorneys and Counselors at Law), is strictly at your own risk. Chargois Harper Attorneys and Counselors at Law will not be liable for any losses and/or damages in connection with the use of our website.

Copyright © 2021 Chargois Harper Attorneys and Counselors at Law - All Rights Reserved. | Powered by Advantage Attorney Marketing & Cloud Solutions

If you're facing legal issues in Texas or Illinois, our family law, real estate, estate planning, and probate attorneys are here for you.

I need help with: