We help people in Galveston & Brazoria Counties navigate divorce and family law matters with confidence — whether in or out of court.
The decision to end a marriage is never easy, and the process can be overwhelming, especially when it comes to understanding the legal complexities involved. At the Law Office of Aimee Stritchko, we recognize the difficulties you may be facing, and we are here to provide the legal guidance you need during this trying time.
Our team of experienced Kemah, TX divorce lawyers is dedicated to helping clients navigate the divorce process with confidence and clarity.
The divorce process in Texas can be complex, but understanding the basic steps can help you feel more prepared and in control. The first step is to file a petition for divorce, which can be done by either spouse. The petition must state the grounds for divorce, which can be either no-fault or fault-based.
In a no-fault divorce, the petitioner does not need to prove that the other spouse did anything wrong. Instead, they can cite “insupportability,” which means that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation (Texas Family Code § 6.001).
Fault-based grounds for divorce in Texas include cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital (Texas Family Code § 6.002-6.007).
To file for divorce in Texas, at least one spouse must have been a resident of the state for a continuous six-month period. Additionally, one spouse must have been a resident of the county where the divorce is filed for at least 90 days (Texas Family Code § 6.301).
Once the petition is filed, the petitioner must serve the respondent with the divorce papers. The respondent then has 20 days plus the next following Monday to file a response (Texas Rule of Civil Procedure 99b). If the respondent does not file a response, the petitioner may be able to proceed with a default judgment.
During the divorce process, several key issues will need to be addressed, including property division, child custody, and support. Our knowledgeable divorce attorneys will guide you through each of these areas, ensuring that your rights and interests are protected every step of the way.
Texas is a community property state, which means that all property acquired during the marriage is presumed to be owned equally by both spouses, regardless of who earned the income or whose name is on the title (Texas Family Code § 3.002).
During a divorce, the court will divide the community property in a manner that is “just and right,” taking into account factors such as each spouse’s earning capacity, the value of separate property, and fault in the breakup of the marriage (Texas Family Code § 7.001).
Our Kemah, TX divorce lawyers will work to ensure that your property division settlement is fair and equitable, taking into account your unique circumstances and priorities.
For divorcing parents, child custody and visitation are often the most emotionally charged and contentious issues. In Texas, the court’s primary consideration in determining custody is the best interests of the child (Texas Family Code § 153.002).
There are two main types of custody in Texas: legal custody (the right to make important decisions about the child’s upbringing) and physical custody (where the child lives). In most cases, the court will presume that joint legal custody is in the child’s best interests, unless there is a history of abuse or neglect (Texas Family Code § 153.131).
Our skilled divorce attorneys will work with you to develop a parenting plan that prioritizes your child’s well-being and helps maintain a strong, healthy relationship with both parents. We will advocate for a custody and visitation arrangement that meets your family’s unique needs, whether through negotiation or litigation.
In Texas, child support is calculated based on a percentage of the non-custodial parent’s net monthly income, ranging from 20% for one child to 40% for five or more children (Texas Family Code § 154.125). The court may deviate from these guidelines if certain factors are present, such as the child’s special needs or the non-custodial parent’s ability to pay (Texas Family Code § 154.123).
Our knowledgeable divorce lawyers will work to ensure that your child’s financial needs are met and that the child support order is fair and reasonable, taking into account your family’s specific circumstances.
In some cases, one spouse may be entitled to spousal support, also known as alimony, after a divorce. In Texas, spousal support is not automatic and is only awarded in limited circumstances, such as when one spouse lacks sufficient property to provide for their minimum reasonable needs and has been married for at least ten years, or when one spouse is unable to earn sufficient income due to an incapacitating physical or mental disability (Texas Family Code § 8.051).
Our experienced divorce attorneys will evaluate your situation to determine whether spousal support may be appropriate in your case and will work to negotiate a fair and reasonable support agreement.
At the Law Office of Aimee Stritchko, we understand that every divorce is unique, and we are committed to providing personalized legal guidance tailored to your specific needs and goals. Our team of skilled divorce lawyers has extensive experience handling a wide range of divorce cases, from simple uncontested matters to complex high-asset divorces.
We take the time to listen to your story, understand your priorities, and develop a customized legal strategy that aligns with your objectives. Whether your goal is to achieve an amicable settlement through negotiation or to protect your rights through litigation, we will work tirelessly to help you achieve the best possible outcome for your family.
Our attorneys are known for their compassionate approach and their ability to provide objective, straightforward advice during even the most challenging times. We will be your dedicated advocates, offering the guidance and support you need to make informed decisions about your future.
In many cases, divorcing couples can benefit from alternative dispute resolution methods, such as collaborative divorce or mediation. These approaches can help reduce conflict, minimize costs, and allow parties to maintain greater control over the outcome of their divorce.
In a collaborative divorce, both parties agree to work together, with the assistance of their attorneys, to reach a mutually agreeable settlement without going to court. This process often involves a team of professionals, such as financial advisors and mental health experts, who work together to help the couple resolve their differences and create a comprehensive divorce agreement.
Mediation is another alternative to traditional litigation, in which a neutral third party helps the divorcing couple negotiate a settlement. The mediator does not make decisions but rather facilitates communication and helps the parties find common ground.
Our Kemah, TX divorce lawyers are skilled in collaborative divorce and mediation techniques and can help you determine whether these methods may be appropriate for your situation. We will guide you through the process, providing the legal advice and support you need to reach a fair and equitable resolution.
While alternative dispute resolution methods can be effective in many cases, there are times when litigation may be necessary to protect your rights and interests. If your divorce involves complex financial issues, contentious child custody disputes, or a history of domestic violence, going to court may be the best option.
Our skilled litigators have a proven track record of success in the courtroom and will vigorously advocate for your rights and interests. We will work tirelessly to build a strong case on your behalf, presenting compelling evidence and arguments to help you achieve your goals.
At the Law Office of Aimee Stritchko, we understand that the decision to end a marriage is never easy. Our compassionate legal team is here to provide the guidance, support, and advocacy you need during this challenging time. If you are considering divorce in Kemah, TX, we invite you to contact our office to schedule a consultation.
We will take the time to listen to your story, answer your questions, and provide the personalized legal guidance you need to move forward with confidence. Together, we will work to protect your rights, prioritize your interests, and help you build a brighter future for yourself and your family.
Contact Us Today to Schedule an In-Person or Virtual Consultation. We’ll Help You Understand Your Options & Get Clear On Your Next Move.
