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.
"Divorce represents change — and with the right guidance, that change can lead to peace, stability, and a stronger future for you and your family."
— VICTORIA NEAVE, MANAGING ATTORNEY
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.
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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 Disagreement on one or more 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.
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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:
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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.
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Community Property May Include
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Separate Property May Include
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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.
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
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How long does a divorce take in Texas? Texas has a mandatory 60-day waiting period from the date of filing. Uncontested divorces can often be finalized shortly after that period. Contested cases involving property, custody, or support disputes typically take longer depending on the complexity of the issues and court schedules. |
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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. |
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Will I have to go to court? Many divorces resolve through negotiation or mediation without a contested trial. However, if a fair agreement cannot be reached, we are fully prepared to advocate for your rights in court. |
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Do I need to move out of the house during divorce? Not necessarily — and this decision can have significant implications for both your finances and your parenting arrangement. Speak with us before making any decisions about the family home. |
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Can I get spousal support in Texas? Texas spousal maintenance is not automatically granted. Eligibility depends on factors including the length of the marriage, financial disparity between spouses, and whether there was family violence. Our team can assess whether spousal maintenance applies in your case. |
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How is property divided if my spouse hid assets? Hiding assets in a Texas divorce is a serious legal matter. We work with forensic accountants and financial experts to uncover hidden or undervalued assets and ensure a fair division. |
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Do you offer virtual case evaluations? Yes — phone and video case evaluations are available for your convenience and privacy. Contact our team to schedule. |
Related Family Law Services
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Child Custody |
Property Division |
High-Asset Divorce |
Child Support |
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