Embarking on the first steps out of a marriage can be daunting. With every decision feeling overwhelming, the team at Albin Oldner Law in Frisco, TX, understands the complexity and emotional toll this process can take. Whether you’re contemplating divorce or ready to move forward, our divorce lawyers are here to guide you through every aspect of the process.
Our Frisco family lawyers are here to answer questions about the Texas divorce process or other family law cases. Call (214) 423-5100 to request your initial consultation. We proudly serve all of North Texas.
While you aren’t required to be represented by a family lawyer when filing for divorce, it’s the best way to ensure that your interests are protected and the divorce is fair. This is particularly important if you and your spouse cannot agree on the terms of your divorce or if your spouse has hired a family law attorney to represent them.
In Texas, the law provides for several types of divorce, reflecting the diverse circumstances and needs of couples seeking to dissolve their marriage. Understanding the differences between these types can help individuals navigate the process more effectively. Here is an in-depth look at the types of divorce available in Texas.
Texas allows for no-fault divorces, meaning that a spouse does not need to prove the other spouse did something wrong to get a divorce.
Instead, one can simply cite “insupportability” as the reason for the divorce, indicating that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
While no-fault divorces are common, Texas law allows for fault-based divorces. In a fault-based divorce, one spouse alleges and must prove that the other spouse’s misconduct led to the breakdown of the marriage. Grounds for a fault-based divorce include:
Fault-based divorces can impact the division of marital property and the awarding of spousal support. For instance, if one spouse is found to be at fault for the divorce, they may receive a smaller portion of the marital estate or be ordered to pay more in spousal support.
An uncontested divorce, also known as an agreed divorce, occurs when both spouses agree on all major issues, including property division, child custody, and spousal support. Uncontested divorces are generally quicker and less expensive than contested divorces since they require less court intervention and can often be finalized without a trial.
A contested divorce happens when spouses cannot agree on one or more critical aspects of their divorce, such as asset division, child custody, or spousal support. Contested divorces typically require more extensive legal intervention, including negotiation, mediation, and possibly a trial, making them more time-consuming and costly.
Collaborative divorce is a process where both spouses and their attorneys agree to resolve their divorce outside of court through negotiation and cooperative techniques. This method focuses on open communication and problem-solving to reach a mutually agreeable settlement. Collaborative divorces can be less adversarial and more private than traditional divorces.
In a mediated divorce, a neutral third-party mediator helps the spouses negotiate and reach agreements on divorce-related issues. While the mediator facilitates discussions and helps resolve disputes, they do not make decisions for the couple. Mediation can be a cost-effective way to resolve disagreements and can be used in uncontested and contested divorces.
Texas offers a simplified divorce process for couples without children, with limited assets and liabilities, and who meet specific criteria. This process often called a “divorce with agreement on all issues,” allows for a quicker and more straightforward divorce procedure.
Each type of divorce in Texas serves different needs and situations, emphasizing the importance of understanding your options and selecting the process that best aligns with your circumstances. Consulting with a knowledgeable Frisco divorce attorney can provide guidance tailored to your situation, ensuring your rights and interests are protected throughout the divorce process.
In Texas, while there’s no formal recognition for legal separation, you have alternatives that function similarly, such as separation agreements or suits for separate maintenance. These measures can address financial responsibilities, property division, and child custody without an official divorce decree. Understanding these options is vital, and as your Frisco divorce attorney, we can help you navigate the path that best suits your unique situation.
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 the following.
Your family law attorney will negotiate directly with your spouse’s attorney on your behalf to attempt to reach a complete resolution and achieve the goals you desire.
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 using a mediator, judge, or jury.
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.
When trial is the best or only option to get the results you need, we will aggressively fight for you. The Texas 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.
Deciding who stays in the marital home during and after a divorce can be emotionally charged. Texas law seeks equitable division, but the specifics can vary widely based on your circumstances. We’ll help you understand your rights, negotiate on your behalf, and ensure the outcome respects your and your children’s needs and well-being.
Retirement savings are often among the most significant assets divided during a divorce. The division process respects Texas’s community property laws, yet it’s crucial to approach this with a clear strategy. Whether through QDROs or negotiated agreements, we aim to protect your financial future post-divorce.
Life’s constant changes may necessitate modifications to your divorce decree. Whether it’s adjusting child support, custody arrangements, or spousal maintenance, we’re here to advocate for your needs and those of your children, ensuring the decree evolves as your life does.
Relocating with a child after divorce introduces a complex layer of legal considerations, significantly if the move impacts the current custody and visitation agreements. We’ll guide you through the legal requirements to ensure the move aligns with your child’s best interests while maintaining your parental rights.
Navigating a high-conflict divorce demands a strategy that protects your emotional and physical well-being. Our approach combines assertive legal representation with compassionate support, ensuring you and your children are shielded from unnecessary stress and conflict.
Same-sex couples face unique challenges in divorce, particularly with child custody and marital property issues. Our firm is committed to providing knowledgeable support and advocacy, ensuring your rights are protected and respected throughout the divorce process.
Understanding the influence of prenuptial and postnuptial agreements on your divorce is crucial. These agreements can significantly impact asset division and spousal support. We can help interpret existing agreements or advocate for your interests without such agreements.
Acknowledging the emotional toll of divorce, we advocate for a process that supports your mental and emotional well-being. We recommend professional counseling and support groups to provide a holistic approach to divorce that considers your overall health.
Our firm handles your journey through divorce with utmost care and professionalism. Every step of the way, your Frisco divorce attorney provides the compassionate, comprehensive support you need. To discuss these aspects further and explore how we can assist you, please don’t hesitate to schedule a consultation. Your well-being is our priority; together, we can navigate the path to a new beginning.
How long your divorce will take to resolve depends primarily on whether you are filing a contested or uncontested divorce. If you and your spouse cannot 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 can agree on all terms, you can finalize your divorce in as few as 60 days.
If you file for uncontested divorce, you may not 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.
| State law allows “nonresident” spouses to file for divorce in Texas as long as their spouse has lived in Texas for at least the last six months. |
In some Texas divorce cases, each spouse pays their divorce attorneys. In other divorce cases, one spouse must pay all or part of their ex’s attorney fees. The family law judge in Texas decides who pays divorce lawyer fees on a case-by-case basis.
In some situations, a judge may require you and your spouse to undergo mediation, especially if your divorce involves children. If the court does not require you 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 will answer any questions and explain your legal rights and options. Our law firm serves all of North Texas.
5665 Dallas Parkway
Suite 200
Frisco, TX 75034
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