Frisco Divorce Lawyers
We Help North Texas Residents Navigate the Divorce Process
The first steps out of a marriage can be stressful. Every decision seems overwhelming, and every path seems perilous. The decision to move forward can paralyze you for months, sometimes years. You may not even be certain that you want a divorce, after all, sometimes familiarity can feel safer than the unknown.
Our Frisco divorce lawyers understand this can be a traumatic time for you. We are here to help guide you through every step of the process and help plan for a bright future.
We are here to answer any legal questions you may have about the divorce process or any other family law cases.
On This Page:
- Your Divorce Options
- Contested vs. Uncontested Divorce
- Other Divorce Issues
- Grounds for Divorce in Texas
- Texas Divorce FAQ
- Schedule a Consultation
Our Frisco family law attorneys want our clients to achieve their goals throughout the divorce process in the least stressful, most cost-efficient manner possible.
Every situation is unique, and we often recommend:
- Negotiation: Your family law attorney will engage in direct negotiations on your behalf with your spouse’s attorney to attempt to reach a complete resolution and achieve the goals you desire.
- Collaborative divorce: In a collaborative divorce, both spouses retain separate lawyers whose only job is to help the parties settle their disputes. Both spouses work together in good faith to reach an agreement without the use of a mediator, judge, jury, or courtroom.
- Divorce mediation: Your attorney represents you in negotiations using a third-party neutral that is specifically trained in family law conflict resolution. Mediation provides more privacy than the public courtroom, and there is no public record of the discussions during mediation.
- Trial: When trial is the best or only option to get the results you need, we will aggressively fight for you. The courtroom is often not the best option in a family law matter. However, when required, you deserve a team that knows how to navigate it.
Contested divorce refers to a divorce in which you and your spouse are not able to come to an agreement on one or all terms of your divorce, including child custody, child support, property division, etc. In a contested divorce you will need to undergo mediation to come to an agreement on the terms of your divorce. In an uncontested divorce, you and your spouse are able to agree on all terms of your divorce and you may be able to have your divorce granted by a judge sooner than if you had to undergo mediation.
During the divorce process, you must resolve many critical, far-reaching personal, financial, and legal issues.
We help our clients navigate through these issues, like:
- Child custody: We know that you want what is best for your child – and we do too. Our family law lawyers focus on helping parents find a peaceful, private, and dignified way to resolve their custody and parenting time differences.
- Marital property division: Marital property division has a long-term impact on your future and, often, the future of your children. You want to protect what is yours and plan for your future. Texas is a community property state. This means that assets and debts acquired during the marriage (with a few exceptions) are considered community property. Our divorce lawyers serving Frisco have the depth and breadth of experience to help our clients to not only accurately value their marital property, but to advise our clients on what property division can be most financially beneficial and how to protect their assets once divided.
- Spousal maintenance: Let’s be honest, in Texas, it can be difficult to get a judge to order spousal maintenance because the deck is stacked against it. If you are concerned about alimony and believe it should be part of your divorce settlement agreements, know that our family law attorneys not only know the way to maneuver through the spousal maintenance maze, but also have the experience to know the tendencies of the courts.
There are several grounds for filing for divorce in Texas:
- Insupportability - If you and your spouse are unable to agree or resolve your differences and this therefore prevents you from continuing with the marriage
- Adultery - If your spouse cheats on you
- Conviction of a felony - If your spouse is convicted of a felony and is imprisoned for a year or more (unless you testified against them in court)
- Abandonment - If your spouse has left you for a year or more
- Cruelty - If your spouse has treated you cruelly, making it impossible for you continue living together
- Confinement in a mental hospital - If your spouse has been in a mental institution for three years or more with no sign of improvement
- Living separately - If you and your spouse have been living apart for three years or more
While you aren’t required to be represented by a family law lawyer serving Frisco when filing for divorce, it’s the best way to ensure that your best interests are protected and that the divorce is fair. This is particularly important if you and your spouse aren’t able to agree on the terms of your divorce, or if your spouse has hired a family law attorney to represent them.
How long your divorce will take to resolve depends largely on whether you are filing a contested or uncontested divorce. If you and your spouse aren’t able to agree on the terms of your divorce, the process will take much longer as your family law lawyers negotiate the terms and the judge rules on your divorce settlement. It could take anywhere from 6 months to 1 year. If you and your spouse are able to agree on all terms, you may be able to finalize your divorce in as few as 60 days.
If you are filing for uncontested divorce you may not actually need to go to court. You and your spouse will need to fill out a divorce settlement agreement and submit it to the judge, who may then ask a few questions to ensure that both parties understand the terms of the agreement and that you have willingly signed the agreement. After that the judge may grant your divorce.
If you are going to file for divorce in Texas you must have resided in Texas for a minimum of 6 months leading up to your divorce, and have been living in the county in which you are filing for at least 90 days.
In some situations a judge may require you and your spouse to undergo mediation, especially if your divorce involves children. If you are not required by the court to go through mediation, you may still want to consider it. Mediation allows both parties to discuss their disagreements about the divorce with an impartial third party (or mediator) who can then help them come to an amicable agreement and thereby spare both parties from having to undergo a lengthy court proceeding.
Schedule a time to meet with one of our divorce lawyers serving Frisco about your unique situation. We are happy to answer any questions you may have and explain your legal rights and options. Our law firm serves all North Texas.