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How fair are divorce laws in Houston?

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  • How fair are divorce laws in Houston?

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As your Houston divorce lawyer will tell you, the law envisages an ideal situation where family forms the basic unit of the society. It has therefore made it pretty difficult to divorce, while also considering the right of a spouse to terminate his/her marriage due to a number of reasons. The law feels that the divorce’s major casualty is the children involved. It has therefore devised very intricate methods of protecting the children from exposure to a problem that arises through a fault that is not of their making. The most a Houston divorce lawyer can do is to assist you get what is your equal share of your contribution to your marriage.

Divorce sort of works like the insurance industry where the insurer will seek to return you to the same position you were before the occurrence of a risk. As a party to divorce proceedings, you cannot seek to benefit from the misfortune of your spouse or that of your children. What the law seeks to do is equitably share the marital estate and reward the kids as much as possible by protecting their financial future, and emotional and physical well-being. The bottom line of any divorce proceeding to children is the eventual loss of faith in the very people who helped bring them to this world.

All divorce attorneys agree with one thing; kids should be left out of the marital problems of their parents as much as possible. However, many parents seek to use the kids to get back at their spouses. The law poses, should this be the case? It certainly should not be the case. The law thus punishes those seek to use the kids as the human shield against their spouse’s vitriol.

Whether you are trying to get a legal redress for a wrong committed against you by your spouse, your first avenue should never be a divorce. Legal experts and psychologists agree that divorce leaves more cracks than existed before its commencement. The letter and the spirit of the divorce law are for the divorcing parties to agree on as many elements of the divorce as possible. This happens to shield the kids from the acrimony that arises from court proceedings. It therefore makes the court decisions as painful as equitably and fairly possible to encourage out of court settlement

As the world gets more intolerant, divorces have increased. This was not the initial intention of the constitutional provision for divorce. It was meant as a last resort move in a marriage that could clearly not work. However, a lot of people have made a mockery of the law. It has become an industry unto itself, with some marriages lasting 12 short hours. The Houston divorce lawyer feels that the law has been abused and divorces have given a bad name to his profession. His is a profession that is supposed to help genuine cases of disagreement, emotional and physical abuse.

So are the Houston divorce laws fair? It is a question that needs further deliberations. One can only hope some repeals will come sooner than later to make the laws stricter than they already are, if they are going serve the purpose they were drafted for.


Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.


Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com