John K. Grubb & Associates, P.C.

Houston Divorce Attorney Reviews Divorce Initiation Procedures

The Texas divorce process is explained by our Houston divorce attorney, including how to start, the required waiting period and temporary relief.

Are you or your spouse currently considering a divorce? If so, a Houston divorce attorney at John K. Grubb & Associates, P.C. can assist you in your divorce initiation procedure. To begin a divorce proceeding, one spouse generally seeks out a lawyer they will work with throughout the entire proceeding.

There are three major steps a spouse usually takes when initiating a divorce. These include:

Filing a petition for dissolution of marriage. The petitions required for the dissolution of marriage can often be long and confusing.
Filing a motion for temporary orders. Our family law attorney will work with you to file this important motion. It establishes legal guidelines for matters such as parental time, child support and payment of marital debts before a judge issues his decree.
Filing a notice of hearing. Your lawyer will notify your spouse of the notice of hearing.
The spouse who takes these initial steps in a divorce procedure is the Petitioner. The other spouse is referred to as the Respondent. The Respondent will be served with these petitions and motions by a constable or process server. He or she may also hire an attorney to answer the petition and motion for temporary orders.

Temporary Relief

After a Petition for Divorce has been filed and before the final divorce hearing, the Court may hold a very short hearing to stabilize the situation. This is called a “temporary orders hearing” or “show cause hearing.” At this temporary hearing, the Court may make orders concerning child custody, child support, use of the house, cars, property, temporary spousal support, protective orders against violence, etc. In essence, at a temporary hearing, the Court can do virtually anything necessary to protect the parties, protect their children, protect their property and stabilize the situation.

Because of its heavy case load many Courts require your case go to mediation before the Court will actually hear a temporary matter.

60-Day Waiting Period

The Courts cannot grant a divorce until at least sixty (60) days elapse after the filing of the Petition for Divorce. This is the minimum waiting period. Nothing automatically happens at the end of 60 days.

After the expiration of sixty (60) days, if you and your spouse have a written agreement, then my office will arrange a court date for your divorce hearing and the Court’s approval of your agreement.

If your spouse has been served with a citation and has not filed an Answer after the expiration of sixty (60) days, our office will schedule a court date for hearing your divorce as a default divorce.

What Happens After the 60 Day Waiting Period?

If your spouse or spouse’s attorney filed an Answer and you do not have a written agreement, then the case will proceed to mediation. If the spouses are able to settle the case at mediation, the parties will sign a binding Mediated Settlement Agreement. After the signing of the Mediated Settlement Agreement, the attorneys will prepare a Final Decree of Divorc. This incorporates the terms of the Mediated Settlement Agreement. Then, either you or your spouse appear in Court for a short hearing to prove up the divorce. The Judge then signs the Final Decree of Divorce.

If your case does not settle at mediation then it will be necessary to try your divorce case. The trial of a divorce case is just like the trial of any other case. Lawyers call on witnesses and offer documents into evidence. The Judge will weigh the credibility of the witnesses, and then the Judge will announce his/her decision.

Experience indicates a normal interval of six (6) months to eighteen (18) months from the date of filing of the Petition for Divorce to the time of trial in Houston (Harris County), Fort Bend County, Montgomery County and Brazoria County.

Need More Information About the Texas Divorce Process?

If you are considering a divorce proceeding, it is important to understand the Texas divorce procedure. Attorney John K. Grubb is a high asset divorce lawyer who is board certified in Civil Trial Law by the Texas Board of Legal Specialization. To learn more about the Texas divorce process, speak with a Houston divorce lawyer today.

High Asset Divorce Lawyer for Matrimonial Litigation in Houston

Retain A Litigator With A Business And Finance Background

When spouses have high incomes and must then value and allocate complex assets in divorce, there are more opportunities for disagreement than in an average family law case. These disagreements, if not guided by experienced legal counsel, can quickly lead to contested divorce litigation.

A high asset divorce lawyer can reduce conflict, negotiate fair settlements and be ready and able to litigate issues in court. This is especially needed when a spouse has high net worth, high income, complex property and/or a business in divorce. Attorney John K. Grubb is board certified in Civil Trial Law by the Texas Board of Legal Specialization. He also has an MBA in Accounting and Finance from the University of Texas.

High Income Divorces

High income divorces frequently require coordination with the party’s financial planners and Certified Public Accountants. Sometimes the income is generated from a single source while other times it comes from a number of diverse sources. Sometimes much of the parties’ wealth includes tax sheltered investments, real estate, family limited partnerships or closely held corporations. Significant tax loss carry forwards exist in some situations. In other situations, it is necessary to structure unique and complex arrangements to avoid triggering a taxable event. The restructuring of marital assets to facilitate a division in the divorce may then trigger tax consequences.

High Net Worth Divorces

High net worth divorces almost always require coordination with the party’s financial planner, Certified Public Accountants as well as, in many cases, trust officers, foreign attorneys, and bankers.

You must also account for many other types of property in divorce. For example patents and trademarks, licensing agreements, oil and gas interest, royalties, annuity contracts, real estate investment trusts, investments in limited partnerships, accounts receivables, assets owned outside of the United States, trusts, farm and ranch lands, boats, planes, tax sheltered investments, tax loss carry forwards, animals, etc., must all be addressed and valued in a divorce.

Looking for a High Net Worth Divorce Attorney in Houston TX?

John K. Grubb has been representing high asset spouses and high income parents to negotiate fair divorce settlement agreements for over 30 years. If we cannot reach a settlement, then he is ready and able to take the case to court for a divorce trial. To schedule a consultation, call our office or submit our online high asset divorce attorney case review form.

While a divorce proceeding can often be confusing and difficult, it does not always have to be. In many cases, spouses agree on each and every aspect of their divorce. This is called an uncontested divorce and is often settled outside of court, unlike a contested divorce.

With an uncontested divorce, the husband and wife agree on a variety of family law matters. These often include child custody and child support. A Houston divorce lawyer, like attorney John K. Grubb, can work with clients to go over the agreements they have decided upon. This should include information regarding the care of their children as well as alimony, allocation of debt and the division of property.

What Do I Need for an Uncontested Divorce?

The Local Rules require that you furnish the following information:

Any documents pertaining to real estate;
All documents pertaining to pension, retirement, profit sharing, or other employee benefit plans, together with the most recent account statements for any plan;
All documents pertaining to any life, casualty, liability, and health insurance or the most recent account statements pertaining to any account located with any financial institution, including, but not limited to, banks, savings and loans, credit unions, and brokerage firms;
Last two years federal income tax returns; and
A year to date pay sub.
What is the Benefit of an Uncontested Divorce in Houston TX?

An uncontested divorce is often an easy and quick way of obtaining a dissolution of marriage. While you do not have to have a lawyer in this type of proceeding, a Houston divorce attorney helps ensure correct filings. An attorney can also help when the husband and wife are completing their Drafting of Orders and Final Judgment of Divorce.

Your divorce is normally final the day you appear in Court or the day the Judge signs the Decree of Divorce, whichever is later.

Need to Get the Texas Uncontested Divorce Process Started?

An uncontested divorce is a clean and simple way of obtaining a divorce in Texas. To learn more about the benefits of finalizing an uncontested divorce, call our Houston divorce lawyer at (713) 877-8800. You can also fill out our online divorce contact form.

A divorce proceeding is difficult for everyone involved, from the husband and wife to the children of the marriage. When both parties in a divorce cannot agree, the process is even more difficult. In such situations, it is prudent to seek the advice and guidance of a Houston divorce attorney. By going to court, a husband and wife are able to solve their problems in a more simple and efficient manner. Instead of wasting time and money debating their issues amongst themselves, couples involved in a contested divorce can receive an honest and fair decision in a courtroom.

What is Contested Divorce?

A contested divorce occurs when a husband and wife cannot come to an agreement on one or several issues involved in their proceeding. In most cases involving divorce in Texas, a Houston family law attorney will work with the spouses to determine an agreement over marital matters. If that agreement does not occur, the couple must take the case to court.

What Issues Does the Contested Divorce Process Address?

Since there are several issues to consider during a divorce, it is easy to understand how complications arise. Arguments can arise due to any of the following:

Property Division – If you and your spouse enter into a written property division, the Courts will approve the agreement. The settlement agreement must include all assets (house, cars, stocks, bonds, retirement, etc.), and liabilities (mortgages, loans, credit cards, taxes, etc.). If the parties cannot agree on a division of property, then the Court will divide the parties’ community property “in a manner the Court deems just and right, having due regard for the rights of each party and any children of the marriage.”
Spousal Support and Alimony – Texas has adopted “rehabilitation alimony,” which is called Court ordered maintenance. Generally, Court ordered maintenance may be awarded to a spouse if the marriage was of at least 10 years duration and the spouse who is seeking alimony lacks sufficient property to provide for his or her minimum reasonable needs and is unable to support himself or herself.
Child Support – The Texas Legislature also enacted the following child support guidelines:
1 child – 20 percent of obligor’s net resources
2 children – 25 percent of obligor’s net resources
3 children – 30 percent of obligor’s net resources
4 children – 35 percent of obligor’s net resources
The definition of net resources is quite long. For most people, it means all wage and salary income and other compensation for personal services, interest, dividends, royalty income, self- employment income and net rental income, less social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction. The guidelines apply automatically to the first $8,550.00 of net resources per month. When net resources are above $8,550.00 per month, the Court has discretion to set additional child support. This is based on the needs of the child. The lifestyle of the recipient of child support is not a factor in determining the amount of child support.
Child Custody and Visitation – In 1973, Texas adopted the Equal Rights Amendment. This specifically provided that in deciding custody cases, the Court shall consider “the qualifications of the respective parents without regard to the sex of the parent.” In 1987, the Texas Legislature adopted the following policy: It is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.
Division of Debts – This includes any outstanding financial liabilities, such as mortgages, tax obligations, credit cards and loans.
Board Certified in Civil Trial Law by the Texas Board of Legal Specialization for Contested Divorce in Houston

Houston divorce attorney John K. Grubb is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Fore more than 30 years, he represented spouses with business interests and high incomes seeking uncontested and contested divorces. For more information about the contested divorce process, contact the Houston family law attorneys at John K. Grubb & Associates, P.C. today.

During divorce, there’s a lot to think about: what do you do about custody, how much is it going to cost, where are you going to live? With all of that in mind, credit cards and divorce are probably low on your list of concerns, but the actions you take now can make a world of difference to your finances later.

A survey by credit reporting agency Experian found that 50 percent of divorced people surveyed said that their ex ran up credit card debts on shared accounts, while 59 percent said that finances played a role in their divorce. Therefore, it’s important to get ahead before something your ex does crashes your credit.

Step 1: Obtain a copy of your credit report from each of the three credit reporting agencies. You can request one free every year from each agency. Go over those reports in detail to identify which accounts you share with your ex. Then, work with your ex to figure out who will be responsible for those accounts, and get your name off the ones you agreed you won’t be responsible for.

Step 2: You may feel it would be easiest to just cut in half any credit cards that the two of you share. Think before you snip! The average age of your credit accounts is a part of how credit is calculated. It may be better for your credit score to instead let one party keep the account, instead of closing it. Just make sure your name isn’t on any cards you don’t use, and ask the issuer to change the account numbers so that the old numbers can’t be used by the party that was removed from the account.

Step 3: When considering future credit accounts, track your spending for a few months. This will give you an idea of how to readjust your credit to fit your new single lifestyle. Maybe you spend more now on groceries than you used to – so perhaps a card with cash-back on groceries would work best for your new needs. Or maybe you bought a new car after the divorce that uses a lot more gas than you’re used to – consider a gas card with good rewards.