Houston Divorce Attorneys
Getting a divorce is not as easy as getting married. You cannot just wake up and ask the court for a divorce without such a reason falling under the grounds stipulated by the Matrimonial Causes Act, which provides the framework for the divorce process. A decree of dissolution of marriage shall not be made if the petitioner, in bringing or prosecuting the proceedings, has been guilty of collusion with intent to cause a perversion of justice. Even when both husband and wife mutually agree to get a divorce, for whatever reason, a decree of dissolution of marriage may still not be granted if there is evidence of collusion between them.
Divorce is a delicate affair; from time to time, the possibility of reconciling the parties to the marriage is considered. After deciding to get a divorce, the first thing to do is consult and brief a divorce lawyer about the divorce.
Therefore, we are here for you. Our team at Daniel Ogbeide Law will help determine the facts that constitute the ground for the divorce from the reasons given by the person seeking a divorce. After talking to a lawyer, if it is discovered that you have more than one fact that constitutes a ground for divorce; you should concentrate on the fact that has the most substantial evidence with proof. A marriage celebrated under the Act can only be dissolved because the marriage has broken down irretrievably.
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Experienced Divorce Lawyer to Protect Your Rights and Assets
In many divorce cases, matters relating to child custody and spousal support are also involved. All of these make it challenging to navigate divorce. Our divorce common law divorce attorneys have your best interest at heart and represent you throughout the process. We advance and assert your legal rights in a court of law. As Houston’s trusted and divorce attorneys, we provide legal guidance, file all the paperwork and negotiate settlements with the other party’s divorce attorney.
Are you considering a divorce? Don’t think you’re alone in this. Reach out to our team today to discuss your case, legal options and how to protect your rights and assets during the legal process. Our divorce lawyers will ensure that you get a fair outcome from the divorce.
Strategic Representation for Houston's Most Complex Divorces
Divorce is rarely simple – and when significant assets, businesses, or complex family dynamics are involved, you need a law firm built for that complexity. Daniel Ogbeide Law has been recognized among Houston’s leading family law firms for our strategic, detail-driven approach to even the most contested divorce matters.
High-Asset Divorce in Houston
High-net-worth divorces require more than standard divorce knowledge – they require an attorney who understands business valuations, executive compensation, real estate portfolios, and the tactics sometimes used to conceal assets. Our Houston high-asset divorce lawyers work alongside forensic accountants and financial experts to ensure your settlement reflects the true value of the marital estate.
Common Law (Informal) Marriage Divorce in Texas
Texas is one of the few states that recognizes common law, or ‘informal,’ marriage – and dissolving one carries its own legal complexities, starting with proving the marriage existed in the first place. Our Houston common law divorce attorneys understand exactly what evidence Texas courts require and how to protect your interests whether you’re asserting or contesting an informal marriage.
What Are The Most Common Concerns People Have When They Come To Divorce Lawyers About An Impending Divorce?
Divorces are stressful, and if you are going through one, you may have many questions and concerns. Some of the main things my clients are concerned about in a divorce are their rights.
This is especially true of men, who assume that the law gives the mother the right to have custody of the children, rather than the father. They are often worried about whether they will have to go through the children’s mother to have visitation with their kids.
Another worry many people have is how much a divorce is going to cost them. Most people understand that the legal process is expensive, so this is a reasonable concern.
As a divorce attorney in Houston, it is our job to provide our clients with information about the laws on visitation and to give them a realistic outlook of what their divorce may cost them.
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What Are The Grounds For Divorce In Texas?
Texas has several grounds for divorce. The most common one is what we call insupportability. That means you can’t support the marriage anymore.
In other states, they call it irreconcilable differences. Both terms refer to a “no-fault” divorce, where the parties involved cannot see eye to eye.
Other grounds for divorce could include mental illness, cruel treatment, or abandonment. Abandonment is when someone has left the marriage for over a year without the intent to return.
Incarceration is another potential reason for divorce. There are a few other grounds, but those are the most common grounds for divorce in Texas.
What Does A “No-Fault” Divorce Mean In Texas?
A “no-fault” divorce means that someone is pleading on the grounds of insupportability. In their petition, there won’t be any reference to abandonment, incarceration, or cruel treatment. It’s essentially telling the judge that you just don’t see eye to eye, and you simply need a divorce.
How Do I File For Divorce In Texas? Are There Any Advantages Of Filing First?
To file for divorce, the person (or their attorney) needs to file a petition for divorce. It’s as simple as filling out a form and sending it to the district clerk. Each county, like Harris or Fort Bend, has their own district clerk.
There is a fee associated with the filing that generally ranges between $300-$360, depending on the day. Additionally, you have to pay to get someone served, which also varies based on the method you want to use. Your divorce attorney can handle this.
As far as the benefits of being the first person to file, it could matter if it becomes a contested divorce, which most cases are. If you file first, you get to go first should the case go to trial, so you get to set the pace. Other than that, there are no real benefits to filing first.
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Why You Need an Experienced Attorney
If you’re involved in a family law case in Houston, TX, it’s crucial to have an attorney who understands the state’s relevant laws and court decisions. At Daniel Ogbeide Law, our attorneys have the experience and knowledge to navigate the complexities of family law cases in Houston.
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What Is The Divorce Process In Texas?
Divorce in Texas is a long process. First, you get someone served; that person is called the Respondent.
The respondent has about 20 days to file their response, starting from the Monday following the day they were served. No matter when they were served, the 20-day count begins the next Monday.
If they don’t file an answer within 45 days from when you filed, you can proceed to a default. This is basically just asking the judge to grant your request since no one responded.
However, most people still have to wait 60 days for a divorce, regardless of the response. Unless you can prove to the court that there is domestic violence involved — in which case the 60-day wait time may not apply to you — otherwise you must wait 60 days.
If there are children involved, most courts will require you to attend mediation. Mediation is a process where you and your spouse will go to a neutral, third-party attorney or licensed mediator who will try to resolve the case.
The mediator does not have decision-making power; they are more like a negotiator. If you and your spouse can reach an agreement, that becomes binding as soon as both parties sign off on it.
If there is no agreement, then you go through a process called discovery. Discovery is a lengthy process where they can ask you questions about anything from the date of the marriage until right now. It’s a very exhaustive process.
Once you go through the discovery process, the evidence gathered from discovery will be used in a trial before the judge. Then, the judge decides on the custody and property division for the divorce.
Can You Provide More Details About The Waiting Period For Divorce In Texas?
In general, everyone must wait 60 days before getting a divorce. Beginning the day you file, the earliest you can get a divorce in Texas is 60 days from that date – unless you ask for a waiver of the 60 days.
Usually, a waiver is granted to a spouse who has experienced family violence. Texas law takes family violence very seriously. If there has been family violence involved, you can ask the court to waive your 60-day waiting period and grant the divorce.
However, this is very rare because you have to prove certain elements, such as whether granting the divorce would affect the other party’s right to do an investigation into what the court is going to be deciding.
Generally, 60 days is the common rule — unless there is family violence, and then that party must petition the court to waive it.
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Finalizing A Divorce In Texas
Getting a divorce is not as easy as getting married. You cannot just wake up and ask the court for a divorce without such a reason falling under the grounds stipulated by the Matrimonial Causes Act, which provides the framework for the divorce process. Read our guide to finalizing a divorce in Texas.
Divorce Guide: What You Need to Know
Regardless of your role within the family, you need to be able to demonstrate you’re involved. This can look like different things for different people, so you’ll need to use some discretion.
How Quickly Can I Get A Divorce In Texas?
With a true agreement, the quickest you can get a divorce is still 60 days. Because it can take more than 60 days to process the paperwork and put the agreement together, I would estimate that it usually takes between 60 and 90 days.
For example, with a marriage that lasted 10 years and had assets accumulating over those 10 years, it may take more than 60 days. In cases like this, the parties must decide who is going to keep which items, and who is going to take which debt.
However, with a marriage that only lasted six months, and the couple has not accumulated assets, it could be done on the 61st day. It really depends on how long the marriage lasted, how many assets are involved, and whether or not the couple had children.
If there are children involved, it tends to take more than 60 days. If there are no children and it was a relatively new marriage, then it may take around 60 to 90 days to get the divorce finalized. For more information on The Process Of Divorce In The State Of Texas, an initial consultation is your next best step.
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Recognized Leadership in Houston Family Law
Daniel Ogbeide Law has been featured for our work representing families through high-conflict divorce and custody matters, and recognized among the top family law firms serving the Houston area. That reputation is built case by case, on outcomes – not on volume.
Frequently Asked Questions
How can a common law divorce attorney in Houston assist in my case?
A common law divorce attorney specializes in cases where a couple has lived together but never formally married. These cases can be complex, especially when it comes to property division and proving the existence of a common-law marriage. An experienced attorney will guide you through the necessary legal steps, ensuring that your rights are upheld. Whether you need to establish or dissolve a common-law marriage, a dedicated attorney can help.
What are the benefits of hiring experienced divorce lawyers in Houston?
Hiring experienced divorce attorneys offers several advantages, especially in navigating the complexities of Texas family law. These divorce attorneys bring in-depth knowledge of local legal procedures and can provide strategic advice tailored to your situation. Whether dealing with contested or uncontested divorces, child custody issues, or asset division, experienced lawyers can help protect your rights and interests.
What qualifies as a high-asset divorce in Texas?
There’s no fixed dollar threshold, but high-asset divorces typically involve business ownership, significant real estate holdings, executive compensation, investment portfolios, or other assets that require specialized valuation.
Does Texas recognize common law marriage?
Yes. Texas recognizes informal (common law) marriage when a couple agrees to be married, lives together in Texas as spouses, and represents to others that they are married. Dissolving a common law marriage generally follows the same legal process as a formal divorce.
How is property divided in a Texas divorce?
Texas is a community property state, meaning most assets acquired during the marriage are divided in a manner the court considers ‘just and right’ – which is not always a strict 50/50 split.
How long does a contested divorce take in Houston?
Contested divorces involving complex assets or disputed custody can take anywhere from several months to over a year, depending on court schedules and the willingness of both parties to negotiate.What makes affordable divorce attorneys a good choice in Houston
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His advice was sound and calculated and his defense and offense was unmatched Daniel and his attorneys are among the best I've ever seen. 10 out of 10 would recommend to any father looking to fight the good fight for his children!
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He made sure everything was completed right away and promptly sent over the decree and related documents. The entire interaction was straightforward, respectful, and didn’t take long at all. I genuinely appreciated how smoothly the process went and how seriously he treated my request.
Based on my experience, I would absolutely recommend him for his professionalism, responsiveness, and efficiency.
What impressed me most was that she was not afraid to go to trial if needed—a rare quality, as many attorneys try to avoid it. Even though we ultimately resolved the matter in mediation, she made me feel fully supported and truly heard every step of the way.
Meridith and Daniel together were excellent. They clearly operate with the highest respect for the law and an unwavering commitment to their clients. After working with them, I can honestly say I would never hire another attorney. I cannot recommend Meridith enough to anyone seeking representation rooted in professionalism, compassion, and true integrity.
Unlike other attorneys I’ve encountered, Mr. Ogbeide doesn’t sugarcoat anything. He laid out the realities of Texas law, the possible outcomes I might face, and helped me prepare for each step of the process. He is incredibly patient, communicative, and always present. He doesn’t just treat you like a case number, he speaks to you like a real person, with genuine care and legal guidance that makes you feel supported and seen.
Even though my case is still ongoing, I couldn’t wait to express how much I appreciate his integrity and dedication. If you’re looking for an attorney who will fight for you, TELL YOU THE TRUTH, and stand by your side with both legal expertise and compassion, I highly recommend Mr. Ogbeide and his team.
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