Divorce Lawyer in Conroe, TX
Winfrey Law Firm, PLLC handles contested and uncontested divorce for clients in Conroe and throughout Montgomery County. Conroe is the county seat of Montgomery County, so cases from Conroe are filed and heard at the Montgomery County courthouse complex in downtown Conroe rather than in Houston. We take calls 24/7.
Filing for divorce in Montgomery County
To file in Texas, one spouse must have lived in the state for six months and in the county of filing for 90 days (Texas Family Code section 6.301). Conroe is the county seat of Montgomery County, so cases from Conroe are filed and heard at the Montgomery County courthouse complex in downtown Conroe rather than in Houston. Residents of Conroe, Lake Conroe and the surrounding communities file in Montgomery County; residents of The Woodlands and Magnolia file in the same courthouse.
Grounds and the 60-day waiting period
Most Texas divorces are granted on the no-fault ground of insupportability (section 6.001), though fault grounds such as cruelty or adultery remain available and can affect a property division. Section 6.702 requires at least 60 days to pass between filing and the day a court may grant the divorce, with narrow exceptions involving family violence. An agreed, uncontested case is often finished shortly after that window; a contested case takes longer.
Community property and debts
Texas is a community property state. Property acquired during the marriage is presumed community property under section 3.003 and is divided in a manner the court finds "just and right" under section 7.001 — which does not always mean an even split. Separate property (owned before marriage, or received by gift or inheritance) is not divided, but the spouse claiming it carries the burden of proving it by clear and convincing evidence. Retirement accounts earned during the marriage are commonly divided by a qualified domestic relations order.
Children in a Conroe divorce
When there are children, the divorce decree also sets conservatorship, possession and child support. Those rules are covered on our Conroe family law page, and you can estimate guideline support with the child support estimator.
Talk to a Conroe divorce attorney
See our statewide divorce practice area for an overview of the process, or contact us to schedule. Call (713) 300-0545 — we take calls 24/7 and see clients by appointment.
This is general information, not legal advice. Prior results do not guarantee a similar outcome.
Conroe Divorce FAQ
- How long does a divorce take in Montgomery County?
- Texas Family Code section 6.702 requires at least 60 days between filing and the earliest date a court may grant the divorce. Agreed cases often finish soon after; contested cases take longer.
- Where do Conroe residents file for divorce?
- In Montgomery County. Conroe is the county seat, so the case is filed and heard at the Montgomery County courthouse complex in downtown Conroe.
- Is Texas property always split 50/50?
- No. Community property is divided in a manner the court finds just and right under Texas Family Code section 7.001, which can be an unequal division depending on the circumstances.
- Do I need to prove fault to get divorced?
- No. Most Texas divorces are granted on the no-fault ground of insupportability, though fault grounds remain available and can affect the property division.
Related pages
Call Winfrey Law Firm, PLLC at (713) 300-0545 — we take calls 24/7.