Divorce

The divorce process can get complicated because it involves more than just two individuals deciding they no longer want to be together.  The divorce process can include children, family, and friends, as well as other household members.  The process can often lead to other legal issues, including child custody and child support.  Divorce is also not only about people, but the property that was acquired during the marriage both tangible and intangible.  The process is often more difficult when there is no pre-marital agreement in place.  This is why it is often important to consult with an attorney, so you can get advice prior to filing for divorce.  A divorce attorney can simplify the process, so it doesn't have to be as difficult for you.  A divorce attorney can act in defense of your rights post-marriage.  If the other person has already decided to seek legal representation themselves, then it is almost natural that you'll need representation yourself.

Divorce Attorney in Brownsville, TX

Divorce is tough, but it is usually tougher without an attorney.  A person's demeanor can change during a divorce, so it is best to have legal counsel by your side who can protect your rights during the dissolution of marriage.  If the other party has already acquired an attorney, then you should not even think twice about getting one.  At The Gracia Law Firm, we are by your side at every step of the divorce process.

Our legal team understands the emotional toll a divorce can have on clients, so we are sympathetic to our clients' needs.  We know this situation not only affects you, but your children and respective families as well.  When we meet with you, we will discuss your expectations of the divorce process, and we will explain the legal process and what your rights are.

We work with clients in Cameron, Hidalgo, and Willacy Counties.  Call our office at (956) 504-2211 for a free consultation.  You can also fill out one of the free case review forms at the bottom of the page.  


 Overview of Divorce


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Effects of Divorce

Marriage builds a foundation for a couple's lives, so as soon as the marriage ends, they might have to get readjusted to a new life, one that doesn't include the same family dynamic as it did before.  Some effects on the two individuals inside the divorce can be as follows:

  • Income level can drop by as much as 50%
  • Short-term stress
  • Anger and resentment
  • Loss of faith in love and marriage
  • Fear of commitment
  • Substance abuse
  • Fading relationships (i.e., friends, coworkers, family, kids)

Some of the most common mental and physical effects divorces can have on children include:

  • Academic strain (or loss of interest in school)
  • Hypersensitivity
  • Guilt
  • Social interaction problems
  • Stress (can lead to health problems)
  • Loss of belief in marriage or family unit
  • Future destructive behavior (i.e., crimes, drug or alcohol use, relationship trouble)

A divorce can also have a physical and emotional toll on the extended family, including parents of the couple, siblings, and other household members.  If some of the individual's family members were living in the same household as the couple, they might need to readjust their living arrangements and lifestyles.  A lot of family members and loved ones are also pushed to take sides in a divorce.  Family functions can change after a divorce, since they might not include the same people, impacting the children in the family further.


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Types of Divorce Cases 

We handle different types of divorce cases, including but not limited to: 

  • Contested Divorce – A contested divorce is one where the spouses do not agree on the settlement of their divorce, which includes property division, parent-child relationship (if applicable) child support (if applicable) and spousal support (if applicable).
  • Uncontested Divorce – An uncontested divorce is one where both parties have agreed to the terms and conditions of their divorce, including parent-child relationship (if applicable), child support (if applicable), spousal support (if applicable), and property division.
  • Military Divorce – Texas Residents serving in the armed forces outside of Texas or the U.S. can still be considered a resident of the state and are allowed to file for divorce under Texas law. A non-resident in the armed forces, stationed at a military installation inside the state of Texas, for at least six months before filing, and at a Texas county military installation, for at least 90 days before filing, will be considered a Texas resident for purposes of filing for divorce.  This law also applies to the spouse of the person stationed in Texas as outlined above. 
  • Same-Sex/LGBTQ Divorce – The divorce process for same-sex/LGBTQ couples in Texas is now possible due to the U.S. Supreme Court’s legalization of gay marriage in 2015. The same-sex/LGBTQ divorce process is essentially the same as the heterosexual divorce process.  Call our office for a free consultation so we can discuss the details of your case and we can advise you on your options.
  • Annulment – The basis for annulment can happen when one or both parties question the validity of the marriage. In this case, Texas has specific laws governing annulments, including requiring a reason for why its validity is put into question and laying out the process of doing so. To annul a marriage in Texas, the marriage must have been done here, or at least one of the parties must reside in the state. 

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Laws Ruling Divorce in Texas

Statutes found in chapters 6 through 9 of the Texas Family Code address the laws for the divorce process. The first part of the divorce process is addressing the grounds for filing for divorce. Texas is a no-fault divorce state, which means in Texas, either party has the right to petition a divorce based on a conflict between personalities without any hope of reconciliation. Furthermore, at least one of the spouses must have resided in Texas for at least six months prior to filing for divorce; and must have resided in the county where they are filing for divorce for at least 90 days before filing. If at least one spouse holds residence in this state for at least six months prior, the petitioning spouse, regardless of being from another state or country, can file for divorce inside the residence county of the other spouse.

A petition for divorce will take into account any pre-marital or post-marital agreements between the spouses. If there aren't any pre-marital or post-marital agreements, the process is usually more complicated because a court can decide the contesting of property division during a trial. The State of Texas has special laws governing property division in and out of marriage, so it is crucial to go to an attorney, if the divorce is primarily contested for the division of property.


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Additional Resources

Divorce Advice for Parents of Kids– KidsHealth has a page that is designed for parents who are going through the divorce process. Due to all the physical and emotional effects a divorce can have on children, their page offers tips for parents, such as a guide to breaking the divorce news to children and helping kids cope with the aftermath of divorce. The resource page also offers some tips for parents' coping with divorce.

Military Divorce Help Page– Since the process of divorce for military families and spouses has some differences to that of a regular divorce, Military One Source has information involving their differences. For example, ex-spouses of military service members can seek additional benefits, even post-divorce. Military One Source provides other regulations that specifically impact military spouses seeking divorce.


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Divorce Attorney in Cameron County, TX

If you are dealing with any divorce, you need a legal team you can trust.  Our team at The Gracia Law Firm will be sure to put you at ease, and we will ensure that your case is handled with the utmost attention. 

As family law attorneys, we can go over the laws concerning divorce as they apply to your case. We can analyze your case together and see what steps we can follow next.

Our legal team for divorce works with clients in Brownsville, and the counties of Hidalgo, Willacy, and Cameron County. Call our office at (956) 504-2211 for a free phone consultation or fill out a case review form at the bottom.

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