Community property and the just-and-right division
Under the Texas Family Code, property acquired during marriage is presumed to be community property. Courts divide the community estate in a manner the judge deems just and right, which does not always mean an even split. Separate property — generally property owned before marriage or received by gift or inheritance — is not divided, but it must be proven by clear and convincing evidence.
The marital residence, retirement accounts, business interests, and debt allocation are frequently the most contested pieces of a Texas divorce.
Grounds, waiting periods, and timing
Texas allows both no-fault (insupportability) and fault-based grounds. At least one spouse must have been a Texas domiciliary for the preceding six months and a resident of the county for the preceding 90 days before filing.
The statutory 60-day waiting period begins when the petition is filed. Uncontested cases may finalize shortly after that period; contested cases involving children, businesses, or disputed property take longer.
Your Attorney
James Derick Winfrey
James Derick Winfrey is the attorney at Winfrey Law Firm, PLLC, licensed to practice law in the State of Texas. He represents clients from the firm's Cypress office in matters governed by Texas Family Code, appearing in Harris County and the surrounding courts, including the Harris County Family Law Center in Houston.
Serving Cypress and Harris County
Matters originating in Cypress are generally heard at the Harris County Family Law Center in Houston. From this office we also serve Cypress, Tomball, Spring, Katy, Houston, The Woodlands, and the surrounding communities.
- Cypress, TX
- Tomball, TX
- Spring, TX
- Katy, TX
- Houston, TX
- The Woodlands, TX
- Magnolia, TX
- Hempstead, TX
Divorce questions from Cypress clients
Cypress office location
Winfrey Law Firm, PLLC is licensed to practice law in the State of Texas. This page is for general information only, is not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.