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NKH LAW FIRM

Divorce

Houston divorce representation, without the noise.

Divorce is a legal process. It is also a human one. The right representation protects your children, your finances, and your ability to make clear decisions under pressure.

  • Contested, agreed, and high-conflict divorces
  • Property, debt, and retirement division
  • Temporary orders and mediation strategy
Attorney Narmeen K. Hussein seated at a conference table in her Houston office

The short answer

How does divorce work in Texas?

Texas permits no-fault divorce based on insupportability. Under Family Code § 6.301, one spouse generally must have been domiciled in Texas for six months and resident in the filing county for 90 days. Most cases have a 60-day waiting period. Contested cases may involve temporary orders, discovery and mediation.

Statutory source: Texas Family Code §§ 6.301 and 6.702

01

What is the difference between a contested and uncontested divorce?

An uncontested divorce means both spouses agree on every term — property, debts, children, and support. A contested divorce means at least one issue is disputed and the court may need to decide it. Most contested cases still settle through negotiation or mediation before trial.

A divorce becomes contested when the spouses disagree about a material term: how property is divided, who pays which debt, conservatorship or possession of the children, child support, or spousal maintenance. Filing a response to the petition also makes the case contested procedurally, even if the disagreement is narrow.

Yes. Many cases begin contested and end with a signed agreed decree. Temporary orders, discovery, and mediation often narrow the issues until a settlement is possible. If an agreement is reached, the terms are put in writing and presented to the court for approval.

Most Texas family law cases settle before trial, but some do not. Trial may be necessary when there is a safety concern, hidden assets, a serious parenting dispute, or a party who refuses a reasonable agreement. Preparation for trial often improves the settlement position as well.

02

How is property divided in a Texas divorce?

Texas is a community property state. Property acquired during the marriage is generally community property and is divided in a manner the court considers just and right. Separate property — owned before the marriage, received by gift, or inherited — is generally confirmed to its owner.

The house can be awarded to one spouse, sold and the proceeds divided, or refinanced so one spouse buys out the other. The decision depends on the mortgage, equity, who is paying the note, whether children live there, and whether either spouse can qualify for financing alone.

Community portions of 401(k)s, pensions, and IRAs are often divided through a qualified domestic relations order (QDRO) or a direct transfer. Separate contributions and premarital balances may be traced and confirmed. Retirement division should be addressed in the decree, not after it.

Debts incurred during the marriage are generally community obligations, though the court's division must be just and right. A decree can allocate responsibility between spouses, but it does not always bind a creditor. Closing joint accounts and protecting your credit are part of the plan.

A business may be community property, separate property, or a mix. Valuation methods, ownership documents, and the role each spouse played all matter. Some cases resolve with a buyout; others require an expert valuation or a structured payout over time.

03

How are custody and support handled during a divorce?

When children are involved, the court allocates conservatorship, possession, and support based on the children's best interest. Temporary orders can set parenting time, support, and exclusive use of the home while the divorce is pending. A final order replaces them when the case ends.

Temporary orders are interim rules that govern the family while the divorce is pending: who lives where, when the children are with each parent, who pays which bills, and how support is handled. They can be agreed or set by a judge after a hearing, and they remain in effect until a final decree or further order.

The Standard Possession Order is the default schedule in many Texas cases, but it is not automatic in every situation. Parents can agree to a different schedule, and a court can order expanded or restricted possession based on the children's needs, distance between homes, and safety concerns.

Yes. Temporary support can be ordered while the case is pending, often based on the same guideline percentages used for final orders. Health insurance, childcare, and unusual expenses may also be addressed in temporary orders.

04

When does mediation or a collaborative approach make sense?

Mediation is often the fastest, least expensive way to resolve a contested divorce. A neutral mediator helps the spouses negotiate in a confidential setting, and a signed mediated settlement agreement can bind the parties. Mediation can be used early, after discovery, or on the eve of trial.

No. Mediation is a negotiation, not a surrender. You keep the right to reject a proposal, and your attorney can advise you before you sign anything. If mediation does not produce an agreement, the case continues and your preparation still benefits the next stage.

Yes. Narmeen speaks Arabic and English and offers Arabic-language mediation for parties who are more comfortable negotiating in Arabic. Direct communication can reduce misunderstandings and make the process feel less foreign, especially for clients navigating two legal cultures.

Collaborative divorce is a voluntary, team-based process in which both spouses and their attorneys commit to resolving the case without litigation. It can include financial neutrals and communication coaches. If the process breaks down, the collaborative attorneys typically withdraw, which is a significant commitment to make before starting.

?Frequently Asked

Questions we hear often.

The court cannot grant a divorce until 60 days after the petition is filed. Agreed divorces often finish in 60–120 days once the decree is signed. Contested cases commonly take six to eighteen months, and some take longer if there are complex assets, discovery disputes, or trial settings.

No. Texas allows no-fault divorce based on insupportability — a conflict of personalities that destroys the legitimate ends of the marriage and prevents reconciliation. Fault grounds such as adultery or cruelty remain available, but they are not required and can affect property division in some cases.

Each spouse usually pays their own attorney's fees, though a court can order one spouse to contribute to the other's fees based on the parties' circumstances and the division of property. Temporary fee orders are possible during the case. The best plan is to discuss fee structure before filing.

No. An attorney represents one spouse, and the other spouse must have the opportunity to consult independent counsel. Using one lawyer for both sides creates a conflict of interest and can jeopardize the agreement. The firm can represent one spouse in an uncontested matter after the other spouse acknowledges the arrangement in writing.

A spouse does not have to sign voluntarily. If the petition is served and the spouse does not respond, the case can proceed by default in some circumstances. If the spouse responds and contests issues, the court will set hearings and eventually a trial. Service and deadlines should be handled carefully.

Moving out can affect possession, temporary orders, and the use of the home, so it should be a strategic decision rather than a reaction. Talk through the facts before changing where you live or where the children sleep. Safety concerns are an exception — immediate protection comes first.

Talk it through

Have a divorce question? Start with a clear next step.

A confidential 30-minute consultation with Narmeen K. Hussein is $150, by phone or video. Bring your questions — you will leave with a practical view of your options and timing.

Confidential. No obligation to retain.

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