Divorcio

Divorce

Why Victoria Neave for Your
Divorce

Most divorce attorneys know how to apply the Texas Family Code. Victoria Neave helped shape it. As a former Chair of the Texas House Committee on Juvenile Justice and Family Issues — the committee with direct jurisdiction over the Texas Family Code — she brings an unmatched depth of understanding to every divorce case she handles.

Uncontested and Contested
Divorce in Texas

Every divorce is unique. Understanding which type of divorce applies to your situation is the first step toward a clear plan.

Uncontested Divorce

Both spouses agree on key issues
When both spouses agree on property division, child custody, and financial support, the process can move forward more smoothly and quickly. An uncontested divorce can help families reach closure with less stress and lower cost.

Even in uncontested cases, having an attorney review your agreement protects your rights and ensures nothing is overlooked.

contested Divorce

Both spouses agree on key issues
When spouses disagree on property, custody, support, or other matters, the case becomes contested. Our attorneys work closely with clients to protect their interests through negotiation, mediation, or — when necessary — trial.

We are fully prepared to advocate for you in the courtroom if that is what your case requires.

Grounds for Divorce in Texas

Texas law provides both no-fault and fault-based grounds for divorce. Understanding your options helps you make the best decision for your situation.

No-Fault Divorce

Most Texas divorces are no-fault. You do not need to prove wrongdoing — you simply state that the marriage has become “insupportable” due to irreconcilable differences.

This allows couples to focus on resolution rather than blame, moving forward with privacy and respect.

Fault-Based Divorce

In some cases, fault-based grounds may apply and can influence property division, custody, or spousal support. Common grounds include:
  • Adultery
  • Abandonment
  • Cruel treatment or domestic abuse
  • Felony conviction or incarceration
  • Substance abuse

Property Division in a Texas
Divorce

Texas is a community property state — meaning most assets and debts acquired during the marriage belong to both spouses. Dividing them fairly requires careful identification, valuation, and advocacy.

Uncontested Divorce

  • Homes, real estate, and vehicles
  • Bank accounts, investments, and retirement funds
  • Businesses or professional practices
  • Household items and furnishings
  • Debts incurred during the marriage

Separate Property May Includ

  • Property owned before the marriage
  • Inheritances and gifts given to one spouse
  • Certain personal injury awards
  • Property acquired after separation in some cases

Our attorneys help clients identify, value, and protect both community and separate property — working with financial experts when needed to ensure everything is properly documented and divided in a way that supports your long-term stability.

Helping Families Find A

Better Path Forward

Helping You Navigate Complex Legal Challenges

Spousal Maintenance in Texas

Spousal maintenance — sometimes called spousal support — is financial assistance that one spouse may provide to the other after divorce. In Texas, it is not automatically awarded. It typically applies when one spouse has been financially dependent or when there is a significant difference in income or earning ability.

Our attorneys help clients understand whether spousal maintenance may apply in their case, negotiate fair terms, and protect their financial interests going forward.

Child Custody During Divorce

When children are involved, divorce is not just a legal process — it is a deeply personal transition for the entire family. Texas law calls custody “conservatorship,” and courts focus on what serves the best interest of the child.

In most cases, both parents share responsibilities through joint managing conservatorship, allowing each to remain actively involved in their child’s life. In some situations, one parent may be appointed the primary conservator with the right to determine the child’s primary residence.

Our team helps parents design parenting plans and custody arrangements that protect their child’s emotional well-being and reflect their family’s real needs — whether through agreement or court order.

Complex & High-Asset Divorce
Significant assets require specialized strategy

When your divorce involves business interests, executive compensation, real estate portfolios, retirement accounts, or complex investments, the stakes are higher and the strategy must be sharper. Our team has the litigation background and financial acumen to protect what you have built.

Frequently Asked Questions About Divorce in Texas

1.How long does a divorce take in Texas?

Many cases settle through negotiation or mediation. If a fair agreement isn’t possible, we are fully prepared to advocate for you in court.

2.Does it matter who files for divorce first in Texas?

Filing first gives you the ability to choose the county of filing and may provide some procedural advantages. However, it does not automatically give you an advantage in property division or custody. Speak with our team to understand how timing may affect your specific situation.

3.Will I have to go to court?

Many cases settle through negotiation or mediation. If a fair agreement isn’t possible, we are fully prepared to advocate for you in court.

4.Do I need to move out of the house during divorce?

Many cases settle through negotiation or mediation. If a fair agreement isn’t possible, we are fully prepared to advocate for you in court.

5.Can I get spousal support in Texas?

Many cases settle through negotiation or mediation. If a fair agreement isn’t possible, we are fully prepared to advocate for you in court.

6.How is property divided if my spouse hid assets?

Many cases settle through negotiation or mediation. If a fair agreement isn’t possible, we are fully prepared to advocate for you in court.

7.Do you offer virtual case evaluations?

Many cases settle through negotiation or mediation. If a fair agreement isn’t possible, we are fully prepared to advocate for you in court.

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