Divorce

Houston Area Divorce

One way or another, divorce affects the lives of every family in America. There are few things in life more stressful than the dissolution of marriage. When you or your spouse has decided there is no hope of reconciliation, the biggest mistake you can make is to fight a legal battle alone.

At the Law Office of Matthew C. Tyson, we believe that it is important to educate our clients about their rights and the law, find the right approach for their particular case, and to be at their disposal from the initial consultation to the resolution of their case.

Houston Area Divorce

At the Law Office of Matthew C. Tyson, we assist with the following divorce-related matters:

  • Temporary Orders
  • Temporary Restraining Orders
  • Temporary Protective Orders
  • Protective Orders
  • Injunctive Relief
  • The Marital Estate
  • Property Division
  • Child Custody

At the Law Office of Matthew C. Tyson, we explain the strengths and weaknesses of your case, provide conscientious advice, and argue passionately when issues concerning your life, money, and loved ones are on the line. Many attorneys spend little to no time in the courtroom, and are often ill suited to stand up and make an argument on your behalf. That’s not how we operate. We do not shy away from a fight, and we will fight with you every step of the way.

frequently asked questions

What if my spouse does not want a divorce?

This does not matter in Texas. Texas is a no-fault divorce state, which means fault does not have to be at issue for the termination of the marriage.

When is a divorce final?

A divorce is final when the Judge signs a Final Decree of Divorce.

How are property, assets, liabilities, and debts divided?

The court will adhere to the just and right division standard, or what the court “deems just and right, having due regard for the rights of each party and any children of the marriage.”  Accordingly, community property and debt does not have to be divided equally. The court will consider many factors before dividing community property (separate property cannot be divided). Factors include disparities of income opportunity, education, fault, debt, etc.

How long must I wait to remarry?

30 days. This is how long your spouse has to appeal the divorce.

What if I have a common law marriage?

A common law marriage is just a marriage without a license. You have a Texas common law marriage if you agreed to be married (and there is evidence of this), held yourself out as husband and wife, and cohabitated. There is no minimum time needed for cohabitation, a single night may satisfy this element. Holding out as a married couple could include introductions, tax returns, insurance forms. Each case, however, will be fact and circumstance specific. If you did have a common law marriage, but have been separated for over two years, Texas will presume you were never married.