
Houston Matrimonial Law
Houston-based attorney Robert Reid McInvale handles all matters with regard to matrimonial law, including prenuptial agreements, mediations, restraining orders, abuse, fault and no-fault divorce, and legal separation.
Prenuptial Agreements
Finances are a significant component of any matrimonial arrangement and prenuptial agreements are one way to ensure that these matters are clearly and easily resolved should a divorce occur. Prenuptial agreements generally spell out how to handle issues of support, distribution of wealth, and division of property in the event of separation or divorce, or even in the case of death of one of the marital partners.
Mediations
Mediation programs can be very helpful to couples who are beginning separation or divorce proceedings as well as to those who have long been divorced. These programs save money with regards to matters governed by prevailing family laws and promote positive dispute resolution rather than adversarial procedures.
Restraining Orders
If you believe you are in danger from a current or former spouse, you can ask your lawyer to take out a restraining order. It should be noted that if the request for a restraining order is made in civil court, you are asking the court for protection from the person accused of abuse, not to send that person to jail. However, former or current spouses found in violation of the civil court order can face serious legal consequences.
Abuse
Abuse is generally defined as causing physical harm, threatening to do harm, or harassment of you or your family. A finding of abuse is considered sufficient grounds for divorce in Houston.
Fault and No-Fault Divorce
Divorce refers to the dissolution of a marriage. There are two types of divorce for which you may file:
- Fault – Grounds include mental cruelty; adultery; conviction of a felony; abandonment; living apart; and insanity
- No-Fault – The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation
Separation
Separation is an alternative to divorce for a couple who cannot or do not want to live together anymore but don’t want to end their marriage. It should be noted that the state of Texas does not recognize legal documentation of separation, but does allow for temporary orders to be filed at the time a divorce is filed.