If you are facing a divorce in Houston, you do not have to navigate it alone. Hinojosa Law Office, P.C. is a family-law firm led by attorney Monica A. Hinojosa, serving families in East Houston and across the greater Houston area. We provide compassionate, attentive representation and take the time to explain your options at every step. Se habla español.

Understanding Divorce in Texas

Texas is a “no-fault” divorce state, which means a marriage can be ended on the grounds that it has become insupportable because of conflict of personalities — without proving that either spouse did something wrong. Texas law also recognizes fault-based grounds, such as cruelty, adultery, and abandonment, which can sometimes affect how property or support is decided.

Contested vs. Uncontested Divorce

An uncontested divorce is one in which both spouses agree on the major issues, including how to divide property and how to handle any matters involving children and support. These cases are often faster and less costly. A contested divorce involves disagreement on one or more issues and may require negotiation, mediation, or a hearing before a judge. Attorney Hinojosa handles both, and works to resolve matters efficiently while protecting your interests.

The Texas Divorce Process and Timeline

Every case is different, but most Texas divorces follow a similar path:

  • Residency requirement: Before filing, one spouse generally must have lived in Texas for at least six months and in the county of filing for at least 90 days.
  • Filing the petition: The divorce begins when an Original Petition for Divorce is filed and the other spouse is served or signs a waiver of service.
  • 60-day waiting period: Texas requires a minimum 60-day waiting period from the date of filing before a divorce can be finalized. Many cases take longer, depending on their complexity.
  • Temporary orders: When needed, the court can issue temporary orders addressing use of the home, temporary support, and arrangements for children while the case is pending.
  • Exchange of information (discovery): Spouses exchange financial and other relevant information so that issues can be resolved fairly.
  • Mediation and settlement: Many divorces resolve through negotiation or mediation, which can save time and reduce conflict.
  • Final decree: Once all issues are resolved — by agreement or by the court — the judge signs a Final Decree of Divorce that sets out the terms.

Dividing Property: Texas Community Property

Texas is a community-property state. Generally, property and debts acquired during the marriage are considered community property and are subject to division, while property owned before the marriage or received by gift or inheritance may be separate property. Texas courts divide the community estate in a way that is “just and right,” which does not always mean an equal 50/50 split. We help clients identify, value, and fairly divide assets such as the family home, retirement accounts, vehicles, and business interests.

Spousal Maintenance in Texas

Texas law allows spousal maintenance (sometimes called alimony) only in certain situations — for example, when the marriage lasted at least 10 years and one spouse lacks the ability to meet their minimum reasonable needs, or in cases involving family violence or a spouse’s disabling condition. The amount and duration of maintenance are limited by statute. We can review whether spousal maintenance may apply in your situation.

Divorce Involving Children

When children are involved, your divorce will also address conservatorship (custody), possession and access (visitation), and child support. Texas courts make these decisions based on the best interest of the child. You can learn more about child custody in Houston and our family-law services; see our child-support page. Attorney Hinojosa is experienced in the Harris County family courts and focuses on practical arrangements that support your children’s well-being.

How Hinojosa Law Office, P.C. Helps

Divorce is one of life’s most difficult transitions. Attorney Monica A. Hinojosa provides personalized guidance, clear communication, and steady support from your first consultation through your final decree. We serve families throughout Houston, including the East Houston, Northshore, and Uvalde Road communities, in English and Spanish.

Meet attorney Monica A. Hinojosa, the Houston family-law attorney at Hinojosa Law Office, P.C.

Schedule a Consultation

To discuss your divorce with a Houston family-law attorney, contact Hinojosa Law Office, P.C. today.

Hinojosa Law Office, P.C.
540 Uvalde Rd, Suite D, Houston, TX 77015
Phone: 713-455-3575
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This page provides general information about Texas divorce law and is not legal advice. Every situation is unique; please consult an attorney about your specific circumstances.