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Serving Ellis County, Johnson County and Tarrant County
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.
McCarty-Larson, PLLC also helps residents in the following areas across Texas: Alvarado, Arlington, Burleson, Dallas, DeSoto, Fort Worth, Grand Prairie, Mansfield, Midlothian, and Waxahachie
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.Frequently Asked Questions About Divorce in Texas
In Texas, the most common ground for divorce is in supportability, which means that the marriage can no longer continue due to conflicts or differences that cannot be resolved. Other grounds include cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement in a mental hospital.
The timeline for a divorce in Texas can vary significantly. The state has a mandatory 60-day waiting period after filing the petition for divorce, meaning that the earliest a divorce can be finalized is 60 days after filing. However, if the case is contested or involves complex issues like property division or child custody, it can take several months or even years to resolve.
Texas is a community property state, meaning that any property acquired during the marriage is considered community property and will be divided equally between the spouses. However, separate property, which includes property owned before the marriage or acquired by gift or inheritance, will remain with the original owner. Courts will consider various factors to ensure a fair division of property.
In an uncontested divorce, both spouses agree on all major issues such as property division, child custody, and support. This type of divorce is generally faster and less expensive. A contested divorce occurs when the spouses cannot agree on one or more key issues, requiring the court to make decisions on their behalf. Contested divorces are typically more time-consuming and costly due to the need for court hearings and legal representation.
Child custody in Texas is determined based on the best interests of the child. The court considers several factors, including the child’s physical and emotional needs, the parents’ ability to care for the child, the stability of each parent’s home environment, and the child’s preference if they are old enough to express one. Texas law encourages joint custody arrangements where both parents share in the decision-making and upbringing of the child.
Spousal support, or alimony, is not automatically granted in Texas. It is typically awarded only in specific circumstances, such as when one spouse cannot meet their minimum reasonable needs due to a disability, lack of earning capacity, or because they were married for ten years or longer and lack the ability to earn sufficient income. The amount and duration of spousal support are determined based on factors like the length of the marriage, the financial resources of each spouse, and the contributions of each spouse to the marriage.
When meeting with a Texas divorce lawyer for the first time, it is helpful to bring a variety of documents and information. This can include your marriage certificate, prenuptial agreements (if any), financial statements, income tax returns, details of property ownership, and information about debts and liabilities. Additionally, bring any documents related to children, such as birth certificates, school records, and any prior court orders related to custody or support.
A Texas divorce lawyer can provide valuable guidance and representation throughout the divorce process. They can help you understand your rights and options, negotiate settlements, represent you in court, and ensure that all legal procedures are correctly followed. Having a knowledgeable lawyer by your side can make the process less stressful and increase the likelihood of achieving a favorable outcome.
Contact a Texas Divorce Lawyer at McCarty-Larson, PLLC
Texas requires a 60-day waiting period from the day you file for divorce before the court can finalize anything. The decisions made in those first 60 days about temporary orders, the family home, finances, and time with the children often carry through to the final decree. The spouse who walks in prepared has the advantage.Family Law Across North Texas
Bria Larson and the family law team at McCarty-Larson, PLLC handle divorce cases across Ellis, Johnson, and Tarrant counties. We handle contested divorces, uncontested filings, property division under Texas community property law, and child custody alongside the divorce when children are involved.Schedule a Free Consultation
Call 972-775-2100 or reach out online for a free, confidential consultation. The earlier you have a lawyer at the table, the more leverage you have when those temporary orders get written.Seeking a Divorce?
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We Proudly Serve the Following Communities
Ellis County including the cities of Ennis, Waxahachie, Midlothian, Red Oak, Ferris, Palmer, Italy, Milford, Maypearl, Garrett, Pecan Hill, Alma, Oak Leaf, and Bardwell.
Johnson County including the cities of Cleburne, Burleson, Joshua, Keene, Alvarado, Godley, Grandview, Venus, Rio Vista, Briaroaks, Cross Timber, Coyote Flats, and Joshua.
Tarrant County including the cities of Fort Worth, Arlington, Grand Prairie, Mansfield, Euless, North Richland Hills, Bedford, Grapevine, Haltom City, Keller, Hurst, Southlake, Colleyville, Saginaw, Watauga, White Settlement, Azle, Forest Hill, Lake Worth, Richland Hills, River Oaks, Sansom Park, Westworth Village, Benbrook, Crowley, Blue Mound, Edgecliff Village, Everman, Pantego, Dalworthington Gardens, and Kennedale.
Dallas County including the cities of Dallas, Garland, Irving, Grand Prairie, Mesquite, Carrollton, Richardson, Rowlett, DeSoto, Duncanville, Cedar Hill, Lancaster, Farmers Branch, Balch Springs, Coppell, Seagoville, Glenn Heights, Sachse, Wilmer, Hutchins, Addison, Sunnyvale, Cockrell Hill, Highland Park, and University Park.
