Denton County Divorce Attorneys
Assertive and Results-Driven Professionals Serving Highland Village, Flower Mound, Argyle and Surrounding Areas
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 understands the emotional rollercoaster divorce can be, and we will work hard to advise and guide you through this challenging time. Our law firm has a proven track record of compassionate advocacy and fierce protection, as we leverage our decades of experience and knowledge of Texas family law to aggressively represent each client. We are board-certified divorce lawyers who can walk you through every step of your Denton County divorce, from filing the initial petition for separation to settling your separation agreement.
If you’re considering divorce, contact Burrows Law Group to discuss your legal options.
Understanding Divorce in Texas
If you are considering dissolving your marriage, 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.
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
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”). If the spouses believe they have not gotten all the information they need from each other to continue in the divorce process, they can engage in discovery, which is a process for exchanging further information and documents.
Next, the spouses will discuss the settlement of the case, either on their own with attorney representation or in mediation. They will discuss matters like:
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.
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.
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, adultery, or other emotionally charged issues. Note that spouses are required to at least attempt mediation before going to trial.
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, depending on the issues and the degree of conflict.
Seek an Experienced Divorce Lawyer in Denton County Today
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 children who may be involved, your community or separate property, and any other relevant factors that will impact your settlement agreement. Our attorneys 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.
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