Katy Divorce Lawyer
Divorce often means untangling a home, finances and parenting plans at the same time, and it can feel like too much to hold at once. A Katy divorce lawyer can help you see which decisions come first, how a contested divorce moves through the courts and what the law requires at each step.
At Skillern Firm Divorce & Child Custody Lawyers, we represent clients in contested divorce, property division and parental-rights matters from our Katy office. Call (713) 229-8855 or contact us to talk through your situation.
Call our law firm now at (713) 229-8855
Why Katy Families Choose Skillern Firm Divorce & Child Custody Lawyers
Senior Associate Attorney Kathleen LeFevre and Associate Attorney Hannah Slider are based in our Katy office and handle family law cases for clients in the area, backed by 160 years of combined experience across the firm. Our approach is strategic and process-oriented: we organize the facts early and set priorities before key decisions are made. Our after-hours answering service is available 24/7.
What Does a Contested Divorce in Katy Involve?
Every contested case is different, but most move through these stages:
- Filing the petition, which opens the case in the appropriate county
- Temporary orders for the home, finances and children while the case is pending
- Discovery, the formal exchange of financial records and other documents
- Negotiation or mediation, in which the spouses try to settle the open issues
- Trial, where a Judge decides whatever remains unresolved
The spouses can settle at any point, and a Judge decides only the issues that remain. Each stage builds on the one before it, which is why early preparation affects how the later stages unfold.
What Are Temporary Orders and Why Do They Matter?
While a divorce is pending, the court can issue temporary orders to protect the property and both spouses. An order can give one spouse exclusive occupancy of the family home, which means the right to live there alone for the time being. The court can also require both spouses to submit a sworn inventory of what they own and owe, and it can bar either spouse from hiding or transferring property. Temporary arrangements for the children are often set at the same stage. Because those early arrangements can shape what follows, the first hearing deserves careful preparation, and the records you bring to it matter.
What Grounds Qualify for a Divorce in Katy?
Courts can grant a divorce on the no-fault ground of insupportability, which Section 6.001 describes as discord or a conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. The law also recognizes fault-based grounds, such as cruelty.
A contested divorce arises when the spouses disagree on the terms, whichever ground is used. Insupportability does not ask who caused the breakdown, so neither spouse has to prove the other did wrong. Our attorneys can explain which ground fits your facts.
How Is Marital Property Divided in a Katy Divorce?
In a divorce, the court divides the community estate in a manner it deems just and right under Section 7.001, which means a division that fits the family’s circumstances, not an automatic 50/50 split. Courts in this state hold that only the community estate is divided, so telling community property apart from separate property comes first:
| Community property | Separate property | |
|---|---|---|
| What it is | Property either spouse acquired during the marriage | Property owned before the marriage, or received during it by gift or inheritance |
| How it is treated | Divided between the spouses in a just and right manner | Stays with the spouse who owns it, once properly proven |
Property either spouse holds when the marriage ends is presumed to be community property, and proving otherwise takes clear and convincing evidence, so the records behind each asset matter.
High-asset cases add business valuations, retirement accounts and the tracing of separate funds that were mixed with community money, and our high-asset divorce and property division attorneys work through those questions with the paperwork in hand.
“I can’t imagine I would have made it through my divorce, mentally or emotionally, without her. She is insanely intelligent and astute, she is on top of absolutely everything family law related, responsive, reassuring, and gives you confidence in a very unfamiliar world. She’s prompt, factual, strategic, and exactly what you hope for in a lawyer if not more. You can depend on her. Tina is also phenomenal in court. She found so many discrepancies in my ex’s attorney’s work. It was not only impressive, but revealed how detrimental things can be without a truly thorough lawyer like Tina.”
“Not one detail missed and with the situation where my children were at risk, the extra care and attention made all the difference to get full judgement in my favor. I highly recommend Matt and his team!”
“Skillern Firm is the best attorneys in Houston. He genuinely cares about his clients and his firm is diligent, hardworking and very through. I highly recommend him and do not have enough words to thank him for his extraordinary performance in getting justice for my family.”
“I have used several family law attorneys in the 10-17 years and my ex takes me back to court every year. I have worked with Matt Skillern, Caitlyn Thorpe, and Stacy Sawyer. I would never go elsewhere. If you want it done, and done right, do not hesitate to contact them. I have had terrible experiences with all of the family law attorneys I have dealt with outside of them. I only provide positive reviews so my bad experiences are not noted. If you want a positive and good experience, pls go there!”
“The communication is top notch from her to her staff. Her responses were quick at all times, and never left any questions unanswered. I always felt how important my case was to her. Caitlin is an amazing, trustworthy, brilliant, and beautiful human who truly cares about her clients and will fight hard for them. Caitlin isn’t scared to speak out and won’t sugarcoat anything. She knows family law extremely well and during trial always knew the facts of my case very well, was familiar with all details and effectively fought for my kid's rights. I couldn't have been happier with Caitlin and the outcome of my case. I only wish I would’ve hired her sooner, right when the divorce started. Anyone would be so lucky to have her as their attorney.”
What Does Joint Managing Conservatorship Mean for Katy Parents?
Joint managing conservatorship, or JMC, is a court-ordered allocation of each parent’s rights, duties and obligations regarding the child’s health, education and welfare, and it is not just a time-sharing schedule. The order also designates which parent holds the exclusive right to determine the child’s primary residence.
JMC sets out who decides what for the child, which is exactly where disputes tend to surface in a contested case, and Katy child custody cases decide those terms by looking to the child’s best interest.
How Does Mediation Work in a Contested Divorce?
In mediation, a neutral mediator works with each spouse and that spouse’s own attorney separately, not with the couple in a joint session. Each attorney represents one spouse only. A court can refer a divorce case to mediation on the parties’ written agreement or on its own motion, and a properly signed mediated settlement agreement entitles either spouse to judgment on it. Mediation can also narrow the open issues even when it does not resolve all of them.
When Is Spousal Support Available in a Divorce?
Spousal support is not available in every divorce. Section 8.051 allows it when the requesting spouse will lack sufficient property to meet minimum reasonable needs and one more condition applies: the other spouse was recently convicted of a family-violence offense, or the requesting spouse cannot earn enough income and has an incapacitating disability, has been married ten years or longer or is caring for a child with a disability. Because those conditions are narrow, a request for spousal support depends closely on the facts of each marriage.
What Happens After a Divorce Is Final?
A divorce decree is not always the end of the legal work. If a former spouse does not follow the decree, enforcement of orders can bring the matter back before the court, and a change in circumstances can support modifying a custody order. Knowing those options exist helps as you plan beyond the decree.
Frequently Asked Questions About Divorce in Katy
Where Do I File for Divorce if I Live in Katy?
Katy-area addresses fall in Harris, Fort Bend and Waller counties, so the filing county depends on where the filing spouse lives. One spouse must have lived in the state for six months and in the filing county for 90 days under Section 6.301, and a recent move across a county line can matter because that 90-day period is counted in the county where the case is filed. Harris County cases go to the Harris County family courts in downtown Houston, while Fort Bend and other nearby counties hear divorce cases at their own courthouses. Confirming which county covers your address is one of the first things our attorneys check.
What Should I Gather Before Meeting With a Divorce Attorney?
It helps to bring recent income records, account and retirement statements, property and mortgage documents and any existing court orders. A short list of questions and a sense of your goals for the home and the children also help. Even a partial set of documents gives an attorney enough to begin explaining your options.
Can One Attorney Represent Both Spouses?
No. In a divorce the spouses’ interests can conflict, so no lawyer can represent both parties and each spouse works with their own attorney. Spouses who agree on terms can still share information openly.
Can I Move Out of the Family Home During the Divorce?
Leaving the residence can affect possession of the home and day-to-day parenting arrangements. That is why moving out of the marital home during a divorce is usually discussed with an attorney before it happens. The right choice depends on your family’s circumstances.
Talk With a Katy Divorce Attorney About Your Next Step
If you are considering or facing a contested divorce, a conversation with our team can help you see the residency, property and parenting questions that matter most for your address. We can talk through your next step as you begin transitioning to your new way of life, whether your case is heading toward an agreement or toward a hearing before a Judge.
To speak with a Katy divorce lawyer at Skillern Firm Divorce & Child Custody Lawyers, call (713) 229-8855 or contact us. Our after-hours answering service is available 24/7.
Contact us today at (713) 229-8855 to schedule a consultation with one of our divorce lawyers in Katy, TX, and take the first step toward a brighter future for you and your family.
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