Contested Divorce

Texas is a no-fault divorce state. In most cases, a divorce is granted because, according to law, the “marriage has become insupportable because of discord or conflict of personalities…” and that there is no hope for reconciliation.

In certain circumstances, a party may want to allege the other party was at fault for the breakdown of the marriage. The law allows for the party to allege:

• Cruelty.
• Adultery.
• Conviction of a felony.
• Abandonment.
• Living apart for three years with no cohabitation.
• One party has been confined to a mental institution for three years and it seems unlikely the person will recover.

At Almasri & Marzwanian, we help you decide on what grounds to use to file your divorce petition. If you are the one about whom any of those allegations have been made, we will carefully review your situation so we can together decide how to proceed.

Issues that must be resolved before there is a final divorce decree, meaning the parties are no longer legally married, include:

• Property division. Texas is a community property state. All assets accumulated by the couple during the marriage are deemed to belong equally to both parties.
• Child custody and visitation. Texas law uses the terms “conservatorship,” possession” when referring to custody and “access” when referring to visitation. The court makes its custody and visitation issues based on what it views is in the best interest of the children.
• Child support. Texas believes both parents are responsible for supporting their children. Evidence as to the income and expenses of the spouses will be considered in relation to the needs of the children. Generally, the parent with whom the child lives most of the time will receive support from the other parent.
• Spousal support or alimony. Either spouse can request support from the other. The court will evaluate the request, take evidence, and consider many different factors and make a ruling the court feels is fair to both parties.

At Almasri & Marzwanian Law Group, we are dedicated to making this difficult process as comfortable for you as possible. In order to better serve you, our staff members also speak Arabic, Spanish, and Armenian. We serve those in Dallas, Fort Worth, and Houston, as well as Oklahoma.