Going through a divorce is one of the most difficult transitions a person can face — financially, emotionally, and legally. Whether your case involves a straightforward agreement between spouses or a hard-fought dispute over property, children, or support, having an experienced Montgomery County divorce attorney in your corner can make an enormous difference in how your case is resolved and what your life looks like on the other side.
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The Law Office of Ryan Putz represents individuals throughout Montgomery County — in The Woodlands, Conroe, Spring, Magnolia, Willis, Shenandoah, Oak Ridge North, Splendora, and surrounding communities — in all aspects of Texas divorce and family law. Our satellite office in The Woodlands provides convenient, local access to experienced legal counsel for Montgomery County residents. When you hire the Law Office of Ryan Putz, you work directly with Ryan Putz — not a junior associate or a paralegal.
Divorce cases in Montgomery County are filed in one of the Montgomery County District Courts with family law jurisdiction, located at the Montgomery County courthouse in Conroe. Montgomery County has several district courts that hear family law cases, including the 410th and 418th District Courts. Each court has its own judge, local practices, and scheduling procedures — and knowing how each court operates is a meaningful advantage when handling your case.
Ryan Putz practices regularly in the Montgomery County District Courts and is familiar with their local rules, standing orders, and procedures. That familiarity translates into practical advantages for clients: knowing what local judges expect in temporary orders hearings, how mediation is typically ordered and conducted, and how to move a case efficiently through the Montgomery County docket.
Residency Requirements
To file for divorce in Texas, at least one spouse must have been a resident of Texas for the six months immediately preceding the filing, and a resident of Montgomery County (or the county where the petition is filed) for at least 90 days. If you or your spouse just moved to The Woodlands or another part of Montgomery County, you may need to wait until the 90-day county residency requirement is satisfied before filing.
The 60-Day Waiting Period
Texas law imposes a mandatory 60-day waiting period from the date the divorce petition is filed before the court can grant a divorce. This period cannot be waived except in limited circumstances — most notably when the respondent spouse has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a member of the household. For most Montgomery County divorces, the earliest possible final decree date is 61 days after filing.
Grounds for Divorce in Texas
Texas allows both no-fault and fault-based divorce. The overwhelming majority of Montgomery County divorces are filed on no-fault grounds — specifically "insupportability," meaning the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. No fault or wrongdoing needs to be proven.
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Fault-based grounds are available when the circumstances warrant them and can affect property division. Texas recognizes the following fault grounds:
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Cruelty
Physical or emotional conduct by one spouse toward the other that renders living together insupportable — domestic violence is the most common basis
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Adultery
Voluntary sexual intercourse with a person other than the spouse during the marriage — can justify a disproportionate share of community property to the innocent spouse
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Felony Conviction
Conviction of a felony during the marriage, imprisonment for at least one year, and no pardon — cannot be used if the petitioner testified in favor of conviction
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Abandonment
Voluntary departure with the intent to abandon, remaining away for at least one year
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Living Apart
Living apart without cohabitation for at least three years
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Confinement to Mental Hospital
Confinement in a state or private mental hospital for at least three years with a mental disorder that is unlikely to improve
Proving a fault ground requires evidence and is not always cost-effective compared to the advantage gained. Ryan Putz evaluates each Montgomery County client's situation individually to determine whether pursuing fault is strategically worthwhile given the facts of the case.
Property Division in a Montgomery County Divorce
Division in a Montgomery County Divorce
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Community Property vs. Separate Property
Texas is a community property state. Property acquired by either spouse during the marriage is presumed to be community property — owned equally by both spouses. Separate property is property owned before the marriage, or received during the marriage by gift, inheritance, or certain personal injury recoveries. The distinction matters because community property is subject to division by the court, while separate property is not.
Characterizing assets correctly — particularly in long marriages where separate and community funds have become commingled — often requires a detailed financial analysis. Business interests, retirement accounts, real estate purchased partly before and partly during the marriage, and inherited property that has been mixed with marital funds all present characterization challenges that can significantly affect the outcome of your case.
Just and Right Division
Texas courts divide community property in a manner that is "just and right" — which means equitable given the circumstances, not necessarily 50/50. Factors courts consider in determining what is just and right include the relative earning capacity of the spouses, each spouse's separate estate, fault in the breakup of the marriage, the length of the marriage, health and age of the spouses, custody of minor children, and future needs of each spouse.
Complex Assets in Montgomery County Divorces
The Woodlands and Montgomery County communities include a significant professional and business-owner population, and many divorces in this area involve assets that require specialized analysis:
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Business interests and professional practices — value, goodwill (enterprise vs. personal), and division or buyout
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Executive compensation — stock options, restricted stock units, deferred compensation, and bonus structures
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Retirement accounts and pensions — QDROs for 401(k) and pension plans, IRAs, and Texas Municipal Retirement System accounts
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Real estate — primary residence, investment properties, and mineral rights
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Oil and gas interests — common in the greater Montgomery County area​
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Cryptocurrency and non-traditional investments
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Significant marital debt allocation
Contested vs. Uncontested Divorce in Montgomery County
Uncontested Divorce
An uncontested divorce is one where both spouses reach full agreement on all issues — property division, spousal maintenance (if applicable), and if children are involved, conservatorship, possession and access, and child support. When both spouses are in genuine agreement and the paperwork is properly prepared, an uncontested divorce in Montgomery County can be finalized shortly after the 60-day waiting period expires.
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Even in an uncontested divorce, having an attorney prepare the final decree of divorce and any required ancillary documents (QDROs for retirement accounts, deeds for real property transfers, etc.) is essential. A poorly drafted decree can create enforcement problems or leave community property unaddressed — issues that can be costly to fix after the fact.
Contested Divorce
When the spouses cannot agree on one or more issues, the divorce becomes contested and must be resolved through negotiation, mediation, or trial. Most contested divorces in Montgomery County resolve through mediation before reaching the courtroom — the district courts routinely order mediation before trial settings are given. Ryan Putz prepares every case as if it will go to trial, because the strength of your legal position at the negotiating table depends on what you can prove at the courthouse.
Temporary Orders During the Divorce
In most contested Montgomery County divorces — and in many uncontested ones with children — temporary orders are entered early in the case to establish the ground rules while the divorce is pending. Temporary orders can address:
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Who remains in the marital residence during the divorce
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Temporary conservatorship and possession schedule for children
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Temporary child support
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Temporary spousal support
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Payment of marital bills and debt obligations during the case
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Injunctions prohibiting dissipation or transfer of marital assets
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Attorney's fees and litigation costs
The temporary orders hearing is often the first contested proceeding in a Montgomery County divorce. Its outcome can significantly shape the dynamics of the case and affect negotiations toward final resolution. We prepare thoroughly for every temporary orders hearing and approach it as seriously as a trial on the merits.
When minor children are involved, the divorce must address conservatorship (legal decision-making authority), possession and access (the parenting schedule), and child support. Texas courts apply a best-interest-of-the-child standard to all custody and possession determinations, and the Montgomery County District Courts take this standard seriously.
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Joint managing conservatorship (JMC) is the presumptive arrangement in Texas — both parents share rights and responsibilities, though one parent typically has the exclusive right to designate the child's primary residence. The Standard Possession Order (SPO) governs the possession schedule in most Montgomery County cases absent agreement or special circumstances. When parents live more than 100 miles apart, a modified SPO with expanded long-distance provisions applies.
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Geographic restrictions are a significant issue in Montgomery County divorces, particularly in communities like The Woodlands where one spouse may have relocation opportunities or plans to move back to their home state. The court imposes a geographic restriction limiting the child's primary residence to a defined area — typically Montgomery County and contiguous counties — unless both parents agree otherwise or the court finds that relocation is in the child's best interest after a full hearing.
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For a detailed discussion of conservatorship, possession, and child support in Texas, see our dedicated practice area pages at /divorce-family-law/child-custody and /divorce-family-law/child-support.
Texas has relatively strict eligibility requirements for court-ordered spousal maintenance under Texas Family Code Chapter 8. Maintenance is most commonly available when the marriage lasted at least ten years and the requesting spouse lacks sufficient property and earning capacity to provide for their minimum reasonable needs — though eligibility also exists in family violence situations and when the requesting spouse or a child of the marriage has a qualifying disability.
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The amount of maintenance is capped at the lesser of $5,000 per month or 20% of the obligor spouse's average monthly gross income, and the duration depends on the length of the marriage. In addition to court-ordered maintenance, divorcing spouses in Montgomery County frequently negotiate contractual alimony as part of a settlement — a flexible tool that is not subject to the statutory eligibility requirements but is enforceable as a contract rather than through contempt.
For a full discussion of spousal maintenance eligibility, duration, and enforcement, see our Spousal Maintenance page at /divorce-family-law/spousal-maintenance.
Uncontested — full agreement, no children, simple assets
61 to 90 days (just past the 60-day waiting period)
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Uncontested — children involved, agreed parenting plan
90 to 120 days
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Contested — property dispute, resolves at mediation
5 to 9 months
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Contested — children and property issues, resolves at or near trial
9 to 18 months
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Highly contested — business valuation, custody evaluation, or trial required
12 to 24+ months
Why Choose the Law Office of Ryan Putz for Your Montgomery County Divorce?
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Satellite office in The Woodlands — local access and convenience for Montgomery County clients
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Regular practice in the Montgomery County District Courts — familiarity with local judges, procedures, and standing orders
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Direct attorney access — when you call or email, you reach Ryan Putz, not a case manager or junior associate
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Trial-ready representation — every case is prepared as if it will be decided by a judge, which strengthens your position in negotiations
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Experienced with complex asset cases — business interests, executive compensation, retirement accounts, and oil and gas interests common in the Montgomery County market
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Practical mediation strategy — thorough preparation for mediation to maximize the likelihood of a favorable settlement
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Comprehensive family law coverage — divorce, custody, child support, spousal maintenance, modifications, and enforcement under one roof
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Transparent communication and honest assessments — you will always know where your case stands
Serving Montgomery County and Surrounding Communities
The Law Office of Ryan Putz represents divorce clients throughout Montgomery County, including The Woodlands, Conroe, Spring, Magnolia, Willis, Shenandoah, Oak Ridge North, Splendora, Porter, New Caney, Montgomery, Cut and Shoot, and surrounding communities. We also serve clients in Harris County and Walker County from our primary office in Huntsville and satellite office in The Woodlands.
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Ready to speak with a Montgomery County divorce attorney? Call (936) 978-2045 or contact us online to schedule a consultation at our Woodlands office.