Texas Divorce Lawyers

In family law – divorce can be a challenging process, and knowing your options is important. In Texas, you can choose between a contested divorce and an uncontested divorce. Each type has its own set of procedures and requirements. Understanding these options can help you make informed decisions. This is why speaking with Texas divorce lawyers like the ones at McCarty-Larson, PLLC can help.

Contested Divorce

A contested divorce happens when spouses cannot agree on one or more issues. These issues can include property division, child custody, child support, and alimony. When this happens, the case goes to court, and a judge decides the matters for the couple.

The contested divorce process starts with one spouse filing a petition for divorce. The other spouse must respond to the petition. If they disagree on any terms, both parties need to provide evidence and present their case in court. This can be a lengthy and stressful process. However, it ensures that all matters are resolved according to the law.

Uncontested Divorce

An uncontested divorce is simpler and quicker. In this type of divorce, both spouses agree on all terms of their separation. This includes agreements on property division, child custody, and support. Because there are no disagreements, there is no need for a court battle.

The process begins with one spouse filing a petition for divorce. The other spouse then signs a waiver of service, which means they agree to the terms and do not need to be formally served. After this, the couple submits their agreed terms to the court. The judge reviews the agreement to ensure it is fair and in the best interest of any children involved. If everything is in order, the judge finalizes the divorce without the need for a trial.

Filing Divorce Documents

The first step in the divorce process is filing the necessary documents. This includes the Original Petition for Divorce, which outlines the reasons for the divorce and the desired outcomes. The petitioner files these documents with the district court in the county where they live. The court then assigns a case number and judge to the case.

Applying for Temporary Judicial Orders

During the divorce process, temporary judicial orders may be necessary. These orders provide guidelines for issues like child custody, support, and property use while the divorce is ongoing. Either spouse can request these temporary orders by filing a motion with the court. A hearing is then scheduled where both parties can present their needs and concerns. The judge issues orders based on the evidence and arguments presented.

Submitting Proof of Service

After filing for divorce, the petitioner must ensure the other spouse receives the divorce papers. This is called proof of service. It ensures that the respondent is aware of the divorce proceedings and has an opportunity to respond. The respondent can either sign a waiver of service or be formally served by a process server or law enforcement officer. Once service is completed, the proof of service document is filed with the court.

Entering Settlement Talks

Settlement talks are a key part of the divorce process. These discussions aim to resolve disputes without going to trial. Both spouses, often with their Texas divorce lawyers, negotiate terms for property division, child custody, and support. Mediation is a common tool used in settlement talks. A neutral third party helps the spouses reach an agreement. If successful, the terms are put into a written agreement and submitted to the court for approval.

Trial if Needed

If settlement talks fail, the divorce case goes to trial. This means that a judge will hear evidence from both spouses and make decisions on contested issues. The trial process can be lengthy and complex. It includes presenting evidence, calling witnesses, and making legal arguments. The judge then issues a final judgment, which outlines the terms of the divorce. This judgment is legally binding and must be followed by both parties.

Finalizing the Judgment

The final step in the divorce process is finalizing the judgment. Once the judge signs the final decree of divorce, the marriage is officially ended. The decree includes all the terms of the divorce, such as property division, child custody, and support arrangements. Both spouses receive a copy of the final decree, and it becomes a court order that must be adhered to.

Common Mistakes to Avoid When Considering Divorce

Acting on Impulse

When emotions run high, it can be tempting to make quick decisions. Many people act on impulse during the early stages of considering a divorce, which can lead to regrettable outcomes. Take time to reflect on your situation and consider all aspects before taking any legal steps. Rushed decisions can lead to complications that might have been avoided with careful thought and planning.
Not Understanding Your Finances

One of the most significant mistakes people make when considering divorce is not fully understanding their financial situation. It is vital to know your assets, liabilities, income, and expenses. This knowledge will help you make informed decisions about property division, alimony, and child support. Without a clear picture of your finances, you might agree to settlements that are not in your best interest.

Ignoring the Children’s Needs

Divorce can be particularly hard on children, and their needs should be prioritized. It’s important to shield them from conflicts and avoid involving them in adult issues. Failing to do so can cause emotional distress and long-term psychological effects. Always consider how your decisions will impact your children and strive to maintain a stable and supportive environment for them.

Overlooking Legal Advice

Many people believe they can handle a divorce without professional help, but this can lead to serious mistakes. Laws surrounding divorce are complex, and each case is unique. Without proper legal advice, you might miss important details or fail to protect your rights. Seeking the guidance of experienced Texas divorce lawyers, like those at McCarty-Larson, PLLC, ensures that your case is handled correctly and that you receive the best possible outcome.

Disregarding the Importance of Documentation

Keeping thorough records is crucial during a divorce. Important documents include financial statements, property deeds, tax returns, and communication records. These documents can serve as evidence and provide clarity during negotiations and court proceedings. Failing to document relevant information can weaken your case and lead to unfavorable decisions. Making Unilateral Decisions

During a divorce, it’s important to communicate and cooperate with your spouse as much as possible. Making unilateral decisions, such as moving out of the family home or withdrawing large sums of money from joint accounts, can complicate the process and might be viewed unfavorably by the court. Strive to make joint decisions or, at the very least, consult your Texas divorce lawyers before taking significant action.

Texas Divorce Client Story

This client story is for educational purposes only.

Mike never thought his life would come to this. He and Anna had been together for more than a decade, but things weren’t working out anymore. The once-happy couple had drifted apart, and Mike felt stuck in a world of confusion and sadness. The thought of divorce was overwhelming, and he wasn’t sure where to turn for help.

One day, Mike found himself sitting in a small office, trying to figure out how to start this difficult process. That’s when he met Bria Larson, a Texas divorce lawyer from McCarty-Larson, PLLC. From the moment they met, Bria’s calm demeanor and understanding eyes gave Mike a glimmer of hope. She wasn’t just a lawyer; she was a guide who truly cared about making his situation better.

Bria listened as Mike poured out his fears and frustrations. She didn’t rush him or make him feel like he was another case. Instead, she took her time to understand the details of Mike’s life and the challenges he was facing. She knew that divorce wasn’t just about dividing assets; it was about handling emotions and making sure everyone involved was treated fairly.

Bria helped Mike understand what steps needed to be taken and explained things in a way that was easy to understand. She walked him through every part of the process, from filing the paperwork to negotiating terms. Mike felt like he had a trusted friend by his side, guiding him through each decision with care.

As weeks turned into months, Mike noticed a change. The stress and confusion started to fade, replaced by a feeling of relief and clarity. Bria worked tirelessly to ensure that Mike’s interests were protected, and she fought hard to get the best outcome for him. Every time he had questions or concerns, Bria was there to answer them, making sure Mike felt confident and supported.

In the end, Mike’s divorce was finalized, and he felt a sense of peace he hadn’t felt in a long time. He realized that without Bria Larson and McCarty-Larson, PLLC, navigating this difficult journey would have been far more daunting. Mike was grateful for Bria’s compassion and dedication, and he knew he had made the right choice in choosing the right Texas divorce lawyers to help him through one of the toughest times in his life.

Contact the Texas Divorce Lawyers at McCarty-Larson, PLLC for Your Divorce

If you or someone you care about is facing the challenge of divorce in Texas, reaching out to McCarty-Larson, PLLC can make a big difference. Our team of dedicated Texas divorce lawyers understand that this is a difficult time for you. We are committed to working tirelessly to protect what matters most to you, including your children, property, and savings.

At McCarty-Larson, PLLC, we know that every divorce case is unique. Whether you are concerned about custody arrangements, division of assets, or other important issues, our goal is to guide you through each step of the process with care and attention. We focus on ensuring that your rights are upheld and that your future is secure.

We are here to provide the support you need during this challenging period. Contact us today for a free consultation to discuss your situation and learn how our Texas divorce lawyers can assist you in navigating this complex journey. Your peace of mind is our priority, and we are dedicated to helping you achieve the best possible outcome for you and your family.