Divorce & Family

Getting a divorce or a going through a child custody case can be an emotionally challenging time and can become extremely expensive. In our practice we are committed to doing more than be an attorney, we focus on the well-being of the person and help our clients see the “light at the end of the tunnel!”

Many attorneys may press you to go all out, even if you don’t want things to get ugly. We believe that part of job includes helping our clients keep the costs as low as possible — and that includes both the financial costs and the emotional costs.

 
 

In Texas, a court can grant a divorce based upon “no-fault” grounds or fault grounds or both. A no-fault divorce is based upon a finding that the marriage has become “insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage” and that there is no reasonable hope of reconciliation.  The fault grounds recognized in Texas include Cruelty, Adultery, Conviction of a Felony, and Abandonment.

Although most Texas Divorces do not include the allegation of any fault grounds, doing so can be the pathway to seeking a disproportionate share of the marital estate — the community property. The conduct of the parties that can be considered by the court in evaluating fault grounds is all which has occurred prior to the divorce being granted. That means that Adultery during the pendency of the divorce can be considered by the court. There is simply no such thing as “legal separation” in Texas.

Things to remember about Texas Divorce 

 

1.

The court cannot grant a divorce until 60 days have passed from the date of filing.  The 60 day waiting period has to occur, even if both parties agree to all of the terms of the divorce.

 

2.

Every Divorce, even a so-called “uncontested” divorce requires three things: a petition, some form of service or a waiver thereof, and a final decree.

It is a misconception that there are two technical types of divorce — uncontested and contested. A divorce is a divorce. It is a form of lawsuit and it can only end in one of two ways — settlement or trial. An “uncontested” divorce is simply a divorce that is relatively free of arguments and legal fights between the parties.

An “uncontested” divorce is a divorce that is settled after little or no discovery, motions, or hearings.

 

3.

Most Divorces and Child Custody Cases end in settlement. Whether the settlement happens immediately or after some form of “contesting” by the parties, it is important to have a game plan. While you may think you know the extent to which your spouse will fight, until the case begins to proceed and things are presented in writing, you really don’t know.

 

Although very few divorces end in a jury trial, it is vital that your attorney know how to prepare and try a case. As with any case, it is also important to have an attorney familiar with the court and judge for whom you we be before, so whether it is Tarrant County, Hood County, Johnson County, Somervell County, Erath County, or Parker County you can have confidence to know that our office handles a multitude of cases in these courts.