Dedicated And Experienced Houston Divorce Representation

When you are facing divorce, you need an attorney who is prepared to fight in court and outside the courtroom. But it is also important to prioritize what you want to fight for because litigation can be very costly. At my firm, The Law Offices of Suzanne Schwab-Radcliffe, PLLC, I have the ability to litigate effectively in court, but I also understand that communication with the client at every step of the divorce process is equally critical to determine the best means of reaching their goals.

I understand that every client comes to me with a unique situation, and I work to understand your individual needs. What is important to one client may not be as important to the next. You should know what you may or may not get if you take your case to court, negotiate or use some type of alternative dispute resolution.

How I Help My Clients

One necessary strength of a divorce practice lies in the ability to work effectively with clients. My office can help you define your objectives, and I also develop the strategies most likely to achieve them through negotiation, mediation or trial. I can help you resolve less contentious issues as well. If both parties agree to the terms of a proposed order, I can facilitate a quicker and less expensive resolution to your case.

Divorce Decree Enforcements

Your divorce decree may need to be enforced in the future, so you need to make sure your decree is drafted to give you the ability to enforce it through the court system.

There are usually many closing documents that need to be prepared by an attorney to effectuate the property division in your case. My law firm can help you with this process too and prepare the documents for you.

Frequently Asked Questions About Divorce In Houston

Divorce involves more legal steps than most people expect. Below, I address the questions I hear most often from clients beginning this process in Houston.

What are the specific residency requirements to file for divorce in Houston?

To file for divorce in Houston, you typically file your petition in a Harris County district court, or in a surrounding county such as Fort Bend or Montgomery, depending on your exact address. Texas law requires you to meet the following residency standards before a court will accept your petition:

• At least one spouse must have lived in the county where you plan to file for at least 90 days immediately before you file your petition.
• That same spouse must also have been a Texas domiciliary for at least six continuous months immediately before the filing date, where you must prove that you intended Texas to be your permanent home, not just a temporary residence.

You must satisfy both requirements before a Texas district court will accept your divorce petition.

Is there a mandatory waiting period before a divorce is finalized in Texas?

Yes. Texas enforces a strict mandatory “cooling-off” period. A judge cannot finalize your divorce until at least 60 days have passed since you filed the original petition. Most cases take longer than 60 days to resolve, but 60 days is the absolute minimum under Texas law.

Very rare exceptions apply, primarily in cases involving documented family violence where an active protective order exists. Even when you have a protective order due to family violence, courts rarely grant waivers of the full 60-day period. However, they may expedite the final hearing.

What happens to a business started during the marriage in a Texas divorce?

Texas courts presume any business started during marriage is community property, but you can rebut this presumption if you prove you funded the business entirely with separate property or inheritance. This applies regardless of which spouse’s name appears on the LLC or corporate documents.

Before the court divides the marital estate, it requires an accurate valuation of the business. This often means hiring a neutral forensic accountant or a professional business appraiser to determine its fair market value.

Trust In A Compassionate Attorney

One of the biggest mistakes someone can make in their divorce is trying to get through it without the guidance of an experienced attorney. Make sure you are defending your future with the representation of a lawyer you can trust.

Call 832-500-3975 or click this link to schedule your free initial consultation today.