Divorce Lawyer in Corpus Christi: Divorce & Separation in Nueces County

A divorce in Nueces County is decided by the Texas Family Code, by the rules of the court that hears the case and by the evidence you and your spouse put in front of it. Barton & Associates represents spouses in Corpus Christi from the first filing to the final decree, and our attorneys prepare every case for settlement and for trial at the same time. If you are looking for a divorce lawyer in Corpus Christi, this page explains how the process works and which decisions come first.

The page follows a divorce in order: who can file, how a case moves through the Nueces County courts, how Texas divides property, how custody, child support and spousal maintenance are decided, and what to do in the first weeks. Divorce is one part of the work of our Corpus Christi family law attorney team, and each section below links to a page with more detail. If you have already been served with papers, read the answer deadline in the first section today.

Divorce in Nueces County, Step by Step

Every Texas divorce follows the same basic path, but the order of events and the deadlines matter more than most people expect. We walk clients through each stage before it happens, not after.

1. Eligibility. Under Family Code Section 6.301, either spouse must have been a Texas domiciliary for the preceding six months and a resident of the county where the case is filed for the preceding 90 days. Only one spouse has to meet both requirements. Under Section 6.303, time a Texas resident spends outside the state or county in service to the United States or Texas, including in the armed forces, counts as time lived here.
2. The petition. The case begins when the Original Petition for Divorce is filed with the Nueces County District Clerk, whose office is at 901 Leopard Street. Attorneys file electronically. The petition states the ground for divorce, whether the spouses have children and what relief is requested. Our guide to filing for divorce in Texas covers the paperwork.
3. Service and the answer. The other spouse must be formally served or must sign a waiver of service. A written answer is due by 10:00 a.m. on the first Monday after 20 days have passed from the date of service. A spouse who ignores the papers does not stop the case, because the court can hear evidence and enter orders without that spouse.
4. Temporary orders. While the case is pending, the court can enter temporary orders on support, on who lives in the home and on the children’s schedule, and it can restrain both spouses from moving or spending property.
5. Information gathering. Both sides exchange financial records and sworn information, and a sworn inventory of property and debts is common. In a contested case, the quality of that financial picture often decides how negotiations go.
6. Mediation. Contested cases are often sent to mediation before a trial date, and many settle there.
7. The waiting period and the final hearing. Section 6.702 prevents a court from granting a divorce before the 60th day after the petition was filed. The waiting period does not apply when the other spouse has been convicted of, or received deferred adjudication for, a family violence offense against you or a member of your household, or when you have an active protective order or magistrate’s order for emergency protection against your spouse based on family violence committed during the marriage. After the waiting period, the case ends in an agreed decree or a trial.

Our divorce timeline tool shows how these stages fit together in different kinds of cases, and the Texas family law deadlines guide can help you track the dates that apply to your case.

Grounds for Divorce in Texas: No-Fault and Fault

Most Texas divorces are filed on the no-fault ground of insupportability under Section 6.001, which means the marriage has become unsustainable because of discord or a conflict of personalities and there is no reasonable expectation of reconciliation. You do not have to prove that your spouse did anything wrong, and your spouse cannot stop the divorce by refusing to agree to it. Chapter 6 of the Family Code is titled “Suit for Dissolution of Marriage,” which is why you may see the phrase dissolution of marriage on court forms and in online searches. In Texas the result is a divorce decree. Our article on no-fault and fault grounds explains the difference.

Sections 6.002 through 6.007 also allow a divorce on fault grounds: cruelty, adultery, conviction of a felony, abandonment, living apart for three years and confinement in a mental hospital. Fault is optional, and you do not need it to get divorced. It can matter because a Texas court may consider fault when it divides the community estate. When a spouse has wasted marital funds, concealed assets or engaged in conduct that harmed the family, a fault-based divorce may support a more favorable division of property.

Contested Divorce in Corpus Christi: When Spouses Disagree

A divorce is contested when the spouses cannot agree on one or more issues, such as how property is divided, the schedule for the children or support. The legal standard does not change when spouses disagree. The amount of work does: a contested case usually involves temporary orders hearings, written discovery, mediation and, if the issues remain unresolved, a trial in which a judge decides them. Our article on uncontested versus contested divorce compares the two paths.

Many cases that begin as contested end in an agreement. An agreed divorce, which people also call an uncontested divorce, is one in which the spouses resolve every issue and sign an agreed decree. Cases at the other end, with repeated court filings, accusations about parenting or one spouse trying to control the process, call for firm case management from the first day. The list of case types below links to our pages on both.

Preparation matters most when the issues are disputed. Judges decide property and custody questions on evidence, so the work is to document the finances, preserve the communications that matter and set realistic goals before the first hearing. We plan for trial and negotiate from that position. Settlement is usually the better outcome, but it is stronger when the other side knows your case is ready to be tried.

Spouses who want to stay out of court have another path in collaborative divorce, in which each spouse hires an attorney and everyone agrees to resolve the case without litigation. If the process breaks down, the collaborative attorneys must withdraw and the spouses start over with new counsel.

Legal Separation and Separation Agreements in Texas

Texas does not have a court-sanctioned status called legal separation. A couple can live apart, but the Family Code does not let a court declare them legally separated, and an informal arrangement about money or the children is not enforceable the way a court order is. Our article on legal separation versus divorce explains what the law does recognize.

There are still ways to put structure around a separation. Once a divorce is filed, temporary orders can set support, decide who stays in the home and establish the children’s schedule. Spouses who are not ready to file can sign a written agreement about who pays which bills and how property is handled in the meantime. A partition agreement under Family Code Section 4.102 can turn community property into separate property by agreement, and our prenuptial agreement lawyer in Corpus Christi page also covers postnuptial agreements for spouses who stay married but want their property rights in writing.

Two limits apply. Agreements about the children are treated differently from agreements about property: the court has the final say over conservatorship, possession and support, and an informal arrangement between parents is not an order. And any agreement is only as reliable as the way it is written and signed. If you are weighing a separation, we can explain which route fits your situation before you sign anything.

When Your Spouse Cannot Be Found or Will Not Respond

Some spouses disappear, and some simply refuse to take part. Neither one stops a divorce. If your spouse has been served and does not answer, the case can go forward, although the court still needs evidence before it grants the divorce and decides property and any issues about children.

If you do not know where your spouse is, you cannot just skip service. Texas Rule of Civil Procedure 109 allows citation by publication only after a sworn statement shows that you made a diligent effort to find the person and could not, and the court must be satisfied about that effort before it enters a judgment. Family Code Section 6.409 governs the notice in a divorce, which is published once. When service is by publication and the spouse never appears, the court appoints an attorney to defend the case for that spouse under Rule 244, although Section 6.409 lets the court excuse the appointment when the petitioner swears that the spouses have no children under 18 and accumulated no appreciable property. A thorough search is worth the effort, because a judgment built on weak service can be challenged later.

How Texas Divides Property in a Divorce

Texas is a community property state. Property either spouse acquired during the marriage is presumed to be community property, and the court divides it in a manner it considers just and right under Section 7.001. That standard does not require a 50/50 split. Judges look at factors such as each spouse’s earning capacity, the size of each spouse’s separate property, age and health, the needs of the children, the nature of the assets and, in some cases, fault. Texas courts have relied on a list of these factors since the Texas Supreme Court’s decision in Murff v. Murff.

The first question is usually how each asset is characterized. Property owned before the marriage, and property received during the marriage as a gift or inheritance, is separate property, and a spouse who claims separate property has to prove it by clear and convincing evidence, usually with tracing records. That is why documents matter from the first week. Our page on community versus separate property explains tracing in more detail.

• The home. The court can award it to one spouse, order it sold or, in some cases, delay a sale while a parent stays with the children. Our article on what happens to the house explains how equity, the mortgage and the children’s needs interact.
• Retirement and pensions. These are divided by court order, not by writing a check. A qualified domestic relations order, or QDRO, is the usual tool for a 401(k) or similar plan, and a government or military retirement system has its own requirements for the order. A badly drafted order can be rejected by the plan.
• Industrial and offshore pay. Households in the energy, refinery, shipping and marine trades often have bonuses, rotation pay, deferred compensation or company stock. Whether that pay is community property, separate property or a mix depends on when it was earned and on the terms of the plan, so we ask for the documents early.
• Boats, waterfront property and other large assets. The estate can include a boat, a second property on the coast or an interest in a business. Each one has to be identified, characterized and valued before it can be divided.
• Debt. Debts incurred during the marriage are divided too, and a divorce decree does not bind a creditor. Read about how debt is divided before you agree to a split.
• Hidden or wasted assets. When a spouse is concealing money or spending community funds, the remedies include formal discovery, subpoenas to banks and employers, forensic accounting and a claim for fraud on the community under Section 7.009.

Large estates, businesses and public profiles add valuation, tax and privacy questions. A Corpus Christi property division attorney can explain how those issues are handled before the case reaches a courtroom.

Children, Custody and Child Support in a Divorce

Texas does not use the word custody in its statutes. The court decides conservatorship, which covers decision-making rights and duties, and possession and access, which is the parenting schedule. Texas presumes that appointing both parents as joint managing conservators is in a child’s best interest under Section 153.131, and the court’s guiding standard is always the best interest of the child. Unless the parents agree otherwise or the court finds a reason to change it, the schedule follows the standard possession order. Our article on how conservatorship works explains the terms.

Child support follows a guideline formula based on the paying parent’s net resources and the number of children, with health insurance and medical support set separately. Support generally continues until the child turns 18 or finishes high school, and longer for a child with a disability. You can estimate it with our child support calculator and read about child support calculation in Corpus Christi before you meet with an attorney.

If custody or support is the heart of your case, our child custody lawyer in Corpus Christi and child support lawyer in Corpus Christi pages cover those issues in detail. Parents who work offshore or on a rotating refinery or shipping schedule should raise it early, because a possession schedule written around that work is easier to follow than one that ignores it.

Spousal Maintenance: When Alimony Is Available in Texas

Spousal maintenance, which most people call alimony, is not automatic in Texas and is narrower than many people expect. Under Section 8.051, the spouse asking for it must first show that he or she will lack sufficient property, including separate property, to meet minimum reasonable needs after the divorce. The spouse must also meet one of the statutory conditions: the other spouse was convicted of or received deferred adjudication for a family violence offense within the time the statute describes, the requesting spouse has an incapacitating physical or mental disability, the marriage lasted 10 years or longer and the requesting spouse cannot earn enough to meet minimum reasonable needs, or the requesting spouse is the custodian of a child of the marriage who needs substantial care because of a disability.

If the court orders maintenance, Section 8.055 caps it at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. Section 8.054 generally limits the term to five years for marriages under 20 years, seven years for marriages of 20 to 30 years and ten years for marriages of 30 years or more. Maintenance based on an incapacitating disability or on the care of a child with a disability can continue past those terms for as long as the condition lasts. A spouse relying on the 10-year route must also overcome the presumption in Section 8.053 by showing diligence in earning income or developing the skills to do so.

Our page on alimony and spousal support explains how courts apply these rules, our article on spousal maintenance in Texas covers the statute in plain terms, and you can test a scenario in the Texas alimony calculator.

Temporary Orders and Protecting Yourself Early

The first weeks after a divorce is filed are when many people make costly mistakes. Under Section 6.501, the court can issue a temporary restraining order after a petition is filed, on a party’s motion or on its own motion, and it can do so without notice to the other spouse. The statute lists conduct the court can restrain, including destroying, hiding or transferring marital property, running up debt, withdrawing from retirement or insurance accounts, changing beneficiaries, deleting social media content or electronic records, and tracking a spouse or a spouse’s property without consent. Whether an order is in place depends on the court and the facts, so ask us early instead of assuming. Our article on temporary restraining orders goes through the process.

Temporary orders under Section 6.502 can then set temporary support for a spouse, give one spouse exclusive use of the home, require a sworn inventory of property and debts and order one spouse to pay the other’s reasonable attorney’s fees and expenses while the case is pending. In a case with children, they also address the parenting schedule and child support. These orders often shape the final result because they set the pattern the court sees. In the meantime, a few rules protect most clients:

• Do not move, hide or spend money outside your normal routine.
• Do not delete texts, emails, photos or social media posts, even embarrassing ones.
• Do not take the children out of the area or restrict the other parent’s access without a court order.
• Gather statements, tax returns and account records now, before access becomes contested. Our article on protecting yourself financially has a checklist.
• If you are afraid for your safety, say so at your first consultation. A protective order can change your safety and the timeline of the case.

Types of Divorce Cases We Handle

No two divorces are the same, and the right strategy depends on what is at stake and how much the spouses agree on. These are the kinds of cases we handle most often, and each has its own page with more detail.

• Uncontested divorce: spouses who agree on every term can finish soon after the 60-day waiting period, often without a contested hearing.
• High-conflict divorce: cases with hostility, repeated court filings or parenting accusations that call for firm case management.
• Divorce with children: cases where custody, support and the parenting schedule sit alongside the property division.
• High-net-worth divorce: larger estates with investments, deferred compensation and valuation questions.
• Divorce for business owners: protecting a company’s cash flow while the community interest is valued and divided.
• High-profile divorce: executives, public figures and others who need privacy and careful handling of what is filed.
• Annulment in Texas: a narrower option that asks the court to treat a marriage as invalid instead of ending it, available only on limited statutory grounds.
• Cohabitation agreements: written terms for couples who live together and want to define property rights without marrying.
• Military divorce: cases in which one spouse is on active duty or retired from the service, with added rules on residency, timing and retirement benefits.

Settling Without a Trial: Mediation and Written Agreements

A trial is the last resort in most family cases. Mediation puts both spouses and their attorneys in front of a neutral mediator who works toward a written agreement. A mediated settlement agreement is binding under Family Code Section 6.602 when it states prominently, in bold, capital letters or underlining, that it is not subject to revocation, and when each party and any attorney present at signing has signed it. Once those requirements are met, a party is entitled to judgment on the agreement. Read it carefully before you sign, because you may not be able to change your mind. A Corpus Christi mediation lawyer can prepare you for the session, and our page on divorce mediation walks through the day.

Spouses and their attorneys can also hold an informal settlement conference under Section 6.604, and a written agreement that comes out of that meeting is binding under the same three requirements. Spouses who want a private decision-maker instead of a judge can agree to arbitration.

After the Decree

A decree is not always the end of the legal questions. A change in income, a parent’s move or a child’s needs can lead to a request to modify an order, and an order that is ignored can be enforced. Our divorce modification lawyer in Corpus Christi page explains when a court will revisit a decree.

Why Families Choose Barton & Associates for Divorce in Corpus Christi

A divorce attorney makes a series of judgment calls on your behalf, so you should know how we work. Our family law trial attorneys include Désirée Flye, a trial attorney on the firm’s family law team. Duane Graeff, our managing attorney, has practiced for more than 26 years in Texas state and federal courts and is a law professor and published scholar, and founding attorney Gary J. Barton has tried more than 100 cases to a jury. Any Texas lawyer’s license and board certification can be checked in the State Bar of Texas directory, and we encourage you to check ours.

• We prepare for trial and negotiate from that position. Settlement is usually the better outcome, but it is stronger when the other side knows your case is ready to be tried.
• We look at the numbers early. Property division and support both turn on financial detail, so we start building the financial picture in the first meeting instead of the last.
• We explain the court process before it happens. We tell you what to expect at the courthouse before your first appearance.
• We tell you what is realistic. We cannot promise an outcome in any case, and we will not ask you to choose a path before you understand the risks.

Our Corpus Christi office is at 5110 Wilkinson Drive, Suite 210, and we meet with clients there by appointment. You can get directions to our office before your visit. To make the first consultation productive, bring what you can of the following, and do not delay the call if you do not have everything.

• The last three years of tax returns and your most recent pay stubs.
• Recent statements for bank, retirement, brokerage and credit card accounts, and any stock or deferred compensation plan documents.
• The deed, mortgage statement and vehicle or boat titles.
• Business records if either spouse owns a company.
• Any prenuptial or postnuptial agreement, and any papers you have been served with.
• A short list of the children’s schedules, schools and activities, and a timeline of the marriage.

Frequently Asked Questions About Divorce in Corpus Christi and Nueces County

What should I do first if I am thinking about divorce in Corpus Christi?

Speak with a family law attorney before you file, move money or tell your spouse. Gather financial records, make a list of accounts and property, and write down any safety concerns, because those facts shape the advice you get. A confidential consultation lets you learn how Texas law applies to your situation before you make decisions that are hard to undo. Our first consultation is free, and you can meet with an attorney at our Corpus Christi office at 5110 Wilkinson Drive, Suite 210, by appointment. Bring what you have, and do not delay the call if you do not have everything.

How long do I have to live in Nueces County before I can file for divorce?

Family Code Section 6.301 requires that you or your spouse has been a Texas domiciliary for the preceding six months and a resident of the county where the case is filed for the preceding 90 days. Only one spouse has to meet both requirements. In Nueces County the petition is filed with the District Clerk at 901 Leopard Street and assigned to one of the county’s district courts. The county lists eight of them, and state law gives the 148th District Court first preference for family law matters, but the district courts also hear civil and criminal cases, so confirm which court has your case. If you recently moved to Corpus Christi, the 90-day county requirement may affect when and where you can file.

What is a contested divorce, and how is it different from an agreed divorce?

A contested divorce is one in which the spouses disagree about at least one issue, such as property, the children’s schedule or support. An agreed divorce, which many people call uncontested, is one in which both spouses resolve every issue and sign an agreed decree. The law is the same in both; the difference is the work. A contested case can involve temporary orders hearings, discovery, mediation and a trial, and many cases that start as contested settle along the way, often at mediation. Our article on what to expect in mediation explains how a session works. In either type of case the court must still approve the decree, and in a case with children it considers the child’s best interest.

How long does a divorce take in Nueces County?

The minimum is 60 days from the date of filing under Section 6.702, unless an exception for family violence applies. An agreed divorce can be finished soon after that. A contested case takes longer because of temporary orders, discovery, mediation and the court’s trial calendar, and cases that involve a business, retirement accounts or a custody dispute can take many months or more. Our article on the divorce timeline in Corpus Christi walks through the stages.

Is property split 50/50 in a Texas divorce?

Not necessarily. Texas courts divide the community estate in a manner that is just and right under Section 7.001, and that can be an equal split, a split that favors one spouse or a different division of particular assets. Judges consider factors such as earning capacity, the size of each spouse’s separate property, the needs of the children and, in some cases, fault. Separate property is not divided, but you have to prove it. Our article on whether assets are split 50/50 shows how courts weigh these factors, and an attorney can give you a realistic range once the assets are documented.

Who gets the house in a Texas divorce?

The court decides under the just-and-right standard. Often the home is sold and the proceeds divided, or one spouse buys the other out by refinancing. When children are involved, a court may delay a sale for a period so the children can stay in the home. The name on the deed or loan does not decide who gets it, and a home bought before the marriage may be separate property even though the community estate can have a claim for money or labor it put into the house. Our page on dividing the marital home explains how these claims are handled.

What are temporary orders, and do I need them?

Temporary orders govern the case from the early weeks until the final decree. Under Section 6.502 the court can order temporary support for a spouse, give one spouse exclusive use of the home, require a sworn inventory of property and debts, stop spending beyond reasonable and necessary living expenses, and order one spouse to pay the other’s reasonable attorney’s fees and expenses. In a case with children they also address the parenting schedule and child support. Whether you need a hearing depends on whether you and your spouse can agree. If you cannot, the first hearing is where the court sets the terms the case will run on. Our article on spousal support during a divorce explains how temporary support works.

Does Texas allow legal separation, and can we sign a separation agreement?

Texas does not recognize legal separation as a court-ordered status, so you cannot ask a judge to declare you legally separated. Spouses who live apart can sign a written agreement about property, bills and the children’s schedule, and they can use temporary orders if a divorce is pending. A separation agreement is a contract. It should be in writing, signed by both spouses and drafted to say what happens to property, debts, support and the children, and a court is not bound by terms about the children. We can review an agreement your spouse proposes or draft one that fits your goals.

Am I entitled to alimony in Texas?

Not automatically. A spouse must show a lack of sufficient property to meet minimum reasonable needs and must also meet one of the conditions in Section 8.051, such as a marriage of at least 10 years combined with an inability to earn enough, an incapacitating disability, care of a child with a disability, or a family violence offense by the other spouse. The amount is capped at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, and the term is limited by the length of the marriage. A spouse relying on the 10-year route must also show diligence in earning income or developing job skills. Support during the case is a separate question, answered by temporary orders.

How is child custody decided in a Texas divorce?

The court decides conservatorship and possession according to the child’s best interest. Texas presumes that joint managing conservatorship is in the child’s best interest, and the standard possession order is the usual starting point for the schedule. Parents can agree on a different arrangement, and the court considers factors such as each parent’s involvement, stability and any history of family violence. Our article on how custody is decided in a divorce goes through those factors.

What if I cannot find my spouse, or my spouse is hiding money or will not cooperate?

Each problem has a legal tool. If you do not know where your spouse is, the court can allow service by publication after you show a diligent search, and the court may appoint an attorney to represent the absent spouse. If your spouse is served and does not respond, you do not need that signature to proceed. If a spouse is concealing or wasting community property, Texas gives you formal tools to find the truth, including requests for production, depositions, subpoenas to banks and employers, and forensic accountants, and Section 7.009 allows a claim for fraud on the community. Tell us early what you know, because dates, accounts and prior addresses all help.

What is an annulment, and is it different from a divorce?

An annulment asks the court to declare that a marriage was invalid, instead of ending a valid marriage the way a divorce does. Texas allows it only on limited statutory grounds in Chapter 6 of the Family Code, which include a marriage entered while a party was under 18, under the influence of alcohol or narcotics, or subject to fraud, duress, force or mental incapacity, and the rules differ by ground and by time limit. Many people who ask about annulment end up with a divorce because the facts do not fit a ground or the time has passed. An attorney can compare the options after reviewing the facts of your marriage.

Can a service member or military family file for divorce in Corpus Christi?

Often, but residency and timing need care. Texas requires that either spouse be a Texas domiciliary for six months and a resident of the county for 90 days, and domicile turns on where a person intends to make a home, which can be unclear for someone stationed here. Section 6.303 counts time spent out of state in military service as time in Texas for a Texas resident. Federal law can also allow a service member to ask for a stay of the case, and a court generally needs a statement about military status before it enters a default judgment. Military retirement is divided under federal rules as well as Texas law. Our article on military custody modification covers what changes when orders already exist.

How much does a divorce cost in Corpus Christi?

The cost depends mostly on how much the spouses disagree. An agreed divorce with a signed decree takes far less attorney time than a contested case that needs temporary orders hearings, discovery, expert witnesses and a trial. Other cost drivers include the number of assets and businesses to value, whether custody is disputed and how willing each spouse is to settle. Court filing fees are set by the clerk and change, and a court can award reasonable attorney’s fees and expenses in a divorce under Section 6.708, though that award is discretionary. Our article on divorce cost in Corpus Christi goes through these drivers, and the free consultation is the place to ask about fees for your case.

Talk With a Corpus Christi Divorce Lawyer About Your Case

Divorce is easier to manage when you understand the process before it starts, and the first weeks often set the course for everything that follows. Speak with a Corpus Christi family lawyer at Barton & Associates about your options, the deadlines that apply to you and the steps that protect your family and your finances.

Call our Corpus Christi office at 361-800-6780 or complete the online Free Consultation form to schedule a confidential meeting. The office is at 5110 Wilkinson Drive, Suite 210, Corpus Christi, Texas 78415, and on-site consultations are by appointment only.

Main Category: Family Law Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780