Denton County Divorce Lawyer
Experienced Divorce Attorneys Serving Highland Village, Flower Mound, Argyle, TX
Filing for divorce can be one of the most difficult times in a person’s life, mentally and emotionally. At Burrows Law Group, our team of divorce lawyers in Denton County understand the emotional rollercoaster divorce can be, and we will work hard to advise and guide you through this challenging time.
Our family law office has a proven track record of compassionate advocacy and fierce protection, as we leverage our decades of legal experience and knowledge of Texas family law to aggressively represent each client.
Understanding Divorce in Texas
If you are considering dissolving your marriage in Denton County, TX, there are several things you need to understand about filing for divorce in Texas.
For starters, it is vital that you enlist the help of an experienced divorce attorney to guide you effectively through the legal side of things. Divorce entails numerous critical steps, particularly procedural ones involving important separation documents.
Eligibility Requirements for Divorce in Texas
To be eligible for divorce in Texas, one of the spouses must have resided in the state for a continuous 6 months, and either spouse must also have resided in the county where the divorce will be filed for at least 90 days.
Note that Texas is generally a no-fault divorce state, though a spouse may cite a fault for the breakup of the marriage that the court can take into consideration when determining property division. Divorces can be either uncontested or contested. Uncontested divorces are resolved by mutual agreement or by default if the spouse served does not file an answer or appear in court.
On the other hand, contested divorces are when a spouse files an answer in disagreement and will not sign the final divorce decree (discussed below). To resolve a contested divorce, the petitioning spouse must set a final hearing to decide on the disputed issues in court before a judge.
The Divorce Process in Denton County, TX
The divorce process begins when one spouse (the “petitioner”), files an Original Petition for Divorce with the court and personally serves the papers on (delivers to) the other spouse (the “respondent”).
What follows these two steps of Texas' divorce process are:
- Temporary Orders: Temporary orders may be issued for child custody, support, and property during the divorce proceedings.
- Discovery: Both spouses exchange relevant information and documents about finances, assets, and other pertinent matters.
- Negotiation/Mediation: Spouses attempt to reach agreements on child custody, property division, and child support through negotiation or mediation.
- Court Hearings: If agreements can't be reached, court hearings may be held to address contested issues.
- Trial: If disputes persist, a trial takes place, where a judge makes decisions on unresolved matters.
- Final Decree: Once all issues are resolved, a final divorce decree is issued by the court, legally ending the marriage.
- Post-Divorce Matters: Matters like enforcing child support, modifying custody arrangements, or altering alimony can arise after the divorce.
- Legal Assistance: Throughout the process, seeking legal advice and representation from a family law attorney is advisable.
Alimony & Divorce
Note that alimony can be a nuanced matter, as Texas law allows for temporary spousal support while the divorce case is pending and, in certain situations, permanent alimony after separation.
Visit our page on Alimony to learn more about how the courts may decide a spousal maintenance award.
Property Division & Divorce
Additionally, Texas is a community property state, which means that property division decisions will divide all property between spouses that they’ve acquired during the marriage, which is property that legally belongs to both spouses. The law presumes all property is community property unless a spouse can prove that it is separate property by a preponderance of the evidence.
Take a look at our Property Division page to learn more about community and separate property under Texas’ divorce law.
Agreed Decree of Divorce
If spouses can work out an agreement on the above marital matters, one of the spouses or attorneys will prepare an Agreed Decree of Divorce, which will contain all the terms of the agreement for the judge’s approval. However, if the spouses are not able to agree on all the issues in the case, a trial date will be set for them to negotiate through litigation.
The latter is a more expensive and lengthy process, but it is often necessary in situations involving:
- Domestic violence
- Or other emotionally charged issues
Note that spouses are required to at least attempt mediation before going to trial.
How Long Does Divorce Take in Denton County?
Generally, it will take at least 60 days after the petition is filed for the divorce to be finalized. In contested divorces, it typically takes about 6 months to 1 year or longer to finalize a divorce in Denton County, depending on the issues and the degree of conflict.
Seek an Experienced Divorce Lawyer in Denton County
If you are considering filing for divorce, it is wise to speak with a professional divorce attorney about your case before making any decisions. There are many things you must do to prepare for a divorce.
An attorney can better help you determine your best course of action based on your grounds for divorce, any child who may be involved, your community or separate property, and any other relevant factors that will impact your settlement agreement.
Our family law team at Burrows Law Group have significant professional experience and will work compassionately and personally with you to learn the nuances of your situation. We are board certified in family law matters by the Texas Board of Legal Specialization, and we will properly represent you and your needs in Denton County.
Where to File for Divorce in Denton County:
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"From our attorney, Adam Burrows, to all of his wonderful staff, everyone has been very helpful with great communication and understanding."- Jahan B.