If you are facing divorce in Midland, Texas, the decisions you make now can affect your finances, your children, and your future. At Navarrete & Schwartz, P.C., we represent clients in divorce cases throughout Midland and West Texas, including matters involving property division, child custody, child support, and spousal maintenance. Whether you are preparing to file, have been served, or need help with a contested family law dispute, we will explain your rights, help you understand your options, and protect your interests from the start.
Why Hire Navarrete & Schwartz for Your Midland Divorce?
Clients choose Navarrete & Schwartz, P.C. because we offer:
- More than 40 years of combined legal experience serving Midland and West Texas
- Substantial courtroom and trial experience in contested family law matters
- Recognition by Best Lawyers for legal excellence
- Personalized case strategies based on your goals, family, and finances
- Skilled representation in mediation, negotiation, and litigation
- Direct attorney attention and responsive communication
We work to resolve divorce cases efficiently when possible. When settlement is not in your best interests, we are prepared to go to court.
What Issues Are Decided in a Texas Divorce?
A Texas divorce does more than legally end a marriage. It also resolves financial and parenting issues, including:
- Division of marital assets and debts
- Ownership or sale of the family home
- Retirement accounts, business interests, or real estate
- Child custody and visitation
- Child support
- Spousal maintenance or contractual alimony
- Temporary orders while the divorce is pending
We will help you identify the issues that matter most and build a plan for addressing them.
How Does Texas Divide Property in a Divorce?
Texas is a community property state. In general, property and debts acquired during the marriage are presumed to belong to the marital estate, even if only one spouse’s name appears on the account, deed, or title.
Community property may include the marital home, bank accounts, vehicles, retirement accounts, business interests, real estate, and debt accumulated during the marriage.
Texas courts do not automatically divide community property equally. Instead, judges must divide marital assets and debts in a manner that is “just and right” under the circumstances. Depending on the facts, that may or may not result in a 50/50 split.
Separate property, such as property owned before marriage or received through certain gifts or inheritances, may remain with one spouse. We can help you identify, value, and protect the property interests at stake.
Is Texas a No-Fault Divorce State?
Yes. Many Texas divorces are filed on the no-fault ground of insupportability. This means the marriage can no longer continue because of conflict or discord, and neither spouse has to prove wrongdoing to obtain a divorce.
Texas also allows fault-based grounds, including adultery, cruelty, abandonment, and felony conviction. Fault may matter when the court decides how to divide marital property.
Can You Receive Spousal Maintenance in Texas?
Court-ordered spousal maintenance is limited under Texas law. A spouse seeking maintenance must generally show that they cannot meet their minimum reasonable needs and that a statutory requirement applies.
Maintenance may be available when:
- The marriage lasted at least 10 years and the requesting spouse cannot meet their minimum reasonable needs independently,
- The paying spouse was convicted of family violence within the period specified by Texas law,
- The requesting spouse has a physical or mental disability that limits their ability to earn sufficient income, or
- The requesting spouse is caring for a child with a disability that prevents them from working outside the home or maintaining adequate employment
If maintenance is awarded, Texas law limits both the amount and duration. The amount is generally capped at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income.
Spouses may also agree to contractual alimony as part of a divorce settlement, which can provide more flexibility than what a judge may order after trial.
How Do Texas Courts Decide Child Custody and Support?
Texas courts decide child custody based on the best interests of the child. In many cases, parents are named joint managing conservators, which allows both parents to share certain rights and responsibilities.
A custody order may address where the child primarily lives, each parent’s possession schedule, decision-making authority, holidays, summer visitation, and geographic restrictions.
Child support is generally calculated under Texas guidelines using the paying parent’s net monthly resources and the number of children being supported. The court may consider additional factors when a guideline amount would not be appropriate.
Do You Need a Divorce Lawyer If You Agree on Everything?
Even if your divorce seems amicable, legal guidance can help prevent mistakes that may be difficult to fix later. Property division, retirement benefits, parenting schedules, and support terms must be handled carefully in the final decree.
We can review proposed agreements, prepare necessary documents, and help ensure that your divorce orders reflect your intentions.
Talk to a Midland Divorce Attorney Today
Divorce brings important legal, financial, and personal decisions. You do not have to make them without guidance. At Navarrete & Schwartz, P.C., we represent clients throughout Midland and West Texas in divorce and family law matters. We will listen to your concerns, explain the legal process, and help you take the next step. Contact us to schedule a consultation.
Frequently Asked Questions
How long does a divorce take in Texas?
Texas has a mandatory 60-day waiting period after a divorce petition is filed. An uncontested divorce may be completed soon after that period, while contested cases involving custody or property disputes often take longer.
Does my spouse have to agree to the divorce?
No. One spouse cannot prevent a divorce simply by refusing to agree. If your spouse does not participate, the court may still be able to move the case forward.
Does Texas recognize legal separation?
No. Texas does not recognize legal separation. Spouses are legally married until a divorce is finalized, although temporary orders may address custody, support, property use, and other issues while the case is pending.
Can divorce mediation help avoid trial?
Yes. Mediation often helps spouses resolve disputes without a trial. It can be especially useful when both sides are willing to negotiate but need help reaching final agreements.