Top-Rated With 20+ Years of Experience in Divorce Law
If you are about to file for divorce, or have just found out your spouse wants a divorce, your next step is to choose an attorney to represent you. Do not settle for any attorney, pick a divorce attorney with skill and experience. This is especially true if you want to ensure you are fairly treated, and you get what you deserve.
The Law firm of Burwell Divorce Lawyer has been handling divorces for over 20 years in the Houston area. He has a proven track record of helping clients protect what matters most.
He is known by his peers and the family law courts as a strategic and experienced attorney. An attorney that does not back down from a fight, and ensures the law is followed, and his clients get what they deserve.
He has represented Houstonians in all types of divorce cases, ranging from uncontested and simple divorces to high-conflict, high-asset disputes.
When you hire us, you get:
- Transparent and honest guidance from start to finish.
- A curated strategy built around your needs, family and goals.
- Aggressive and skilled courtroom representation.
- Clear and open communication throughout your case
Whether you’re preparing to file for divorce or responding, you are best served by having a knowledgeable lawyer on your side. Someone that can guide you, protect your rights and give you a clear vision from beginning to end.
Below is an overview on Divorce and everything you need to know.
Understanding Divorce in Texas
In Texas, a divorce falls under family law, and every county has a family law court. The legal definition of divorce outlines everything from property and asset division to child custody and child support.
How To Get A Divorce in Texas
The divorce process has a minimum waiting period of 60 days, which includes:
- Filing A Divorce Petition
- Serving the Other Party
- Temporary Orders (if needed)
- Discovery and Negotiation
- Mediation or Trial
- Final Decree of Divorce
Texas Family Code § 6.702
If you decide to get a divorce in Texas, Ed Burwell is here to ensure all of your paperwork is filed on time, your questions are answered precisely, and your rights are protected.
Defining Grounds for Divorce in Texas
In Texas there must be grounds for divorce when filing a petition. Your choices are no-fault and fault-based divorces. The majority of Texas attorneys will file as “Insupportability,” which means the marriage could not continue due to conflict.
There are many other “Grounds” for divorce, which are covered in the list below.
Texas Family Code § 6.001–6.007
Texas permits both no-fault and fault-based divorce:
- § 6.001 – Insupportability: The most common ground for filing a divorce in Texas where neither party needs to prove fault, but the marriage is incapable of continuing due to conflict.
- § 6.002 – Cruelty: If one spouse is guilty of cruelty to the other, the courts are allowed to grant a divorce to the victim.
- § 6.003 – Adultery: This is a fault-based ground; which means it must be proven through the use of evidence. If proven, the divorce will favor the spouse proving the grounds for divorce.
- § 6.004 – Conviction of Felony: This will only occur if the spouse is convicted of a felony, has been imprisoned for one year or more, and has not been pardoned. pardoned.
- § 6.005 – Abandonment: It must be proven that one spouse left the other for at least one year.
- § 6.006 – Living Apart: Continuous separation without cohabitation for at least three years.
- § 6.007 – Confinement in a Mental Hospital: This can be used as grounds if a spouse was confined to a mental institution for at least three years, with a likelihood of continued relapses in mental health issues.
Key Factors To Understand In A Texas Divorce
From property and asset division, to child support and custody, there are many factors to take into consideration if you are getting a divorce in Texas. Below, we have outlined everything you need to know about divorce in Texas
Property Division
Texas is a community property state, which generally means the assets that were acquired during the marriage will be split equally (normally) between both spouses.
- Community Property: covers property acquired during the marriage, which is jointly owned and subject to “just and right” division (not always 50/50).
- Separate Property: Including inheritance, gifts, personal injury rewards (excluding lost wages), or any property acquired before the marriage.
The judge will consider fault / grounds for divorce, the earning capacity of each spouse, health situations, and custody arrangements during this process.
Although the final decision is in the hands of the court, your attorney can highlight or dispute these factors with evidence and negotiation tactics.
Texas Family Code § 7.001
Child Custody (Conservatorship)
Child custody in Texas is called “conservatorship”. In most cases, the courts will choose an arrangement that is in the best interests of the child. Unless, the other party can prove the opposite.
From father’s rights to grandparents rights, everything is outlined in Texas family law.
Texas Family Code § 153.002
We are here to help you understand the law, but also ensure the law is followed, your rights are honored, and you get what you deserve. From false accusations to unfair outcomes, we fight to ensure the law is followed, and the courts hear your side of the story clearly.
Child Support
In Texas, there are guidelines that decide how much child support will be paid, which is based on income. If there is more than one child, there are legal guidelines in place.
There are limits outlined in the law, and additional costs like: health care, special needs and other expenses.
Percentage Guidelines (based on the paying parent’s income):
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6+ children: Cannot be less than the amount for five
Net Income includes: salary, wages, commissions, self employed income, rental income, retirement and similar sources.
- Maximum cap in Texas is currently $9,200/month (as of 2023)
- The judge can adjust these numbers based on specific needs of the child, shared custody or other factors.
- Healthcare and dental insurance need to be provided by a parent, which is typically the paying parent.
Texas Family Code § 154.001
Spousal Support (Alimony)
Most will recognize the term alimony, which is called spousal support in Texas. Texas allows for spousal support under specific circumstances like lengthy marriages, disability, or family violence cases.
Qualifications: If a spouse lacks sufficient property post-divorce, including:
- Marriage of 10years or longer, and the spouse is unable to support themselves
- If a spouse was convicted of family violence within 2 years of the divorce being filed
- Disability of a spouse or child
Amount & Duration:
- Spousal maintenance is capped a $5,000/month or a max of 20% of the paying spouse’s income
- Duration for alimony is based on how long you were married:
- 5 years of support for marriages that lasted 10-20 years
- 7 years of support for marriages that lasted 20-30 years
- 10 years of support for marriages that lasted 30+ years
Courts consider: education, work history, homemaker role, and marital misconduct.
Why Clients Trust Edward C. Burwell
- 20+ years of skill and experience in family law
- Local familiarity with Fort Bend, Harris, and Montgomery county courts and judges
- Flexible payment plans & free consultations
- One-on-one personalized client communications
Start Your Case With a Free Consultation
Don’t leave your future to chance. If you’re considering divorce or already in the middle of one, let Edward C. Burwell give you the legal advantage you need. Call today or schedule your free consultation online.
Serving clients across Houston, Katy, Sugar Land, The Woodlands, and surrounding areas.