Divorce

Trusted Divorce Lawyers in Southlake, Texas

Helping Individuals Navigate Complex Divorce in Texas

Family law cases are among the most emotionally challenging legal matters a person can encounter. Most of these cases involve a couple getting divorced. If you are experiencing or seeking a divorce in Southlake, TX, you should understand your legal rights and have the protection you deserve.

When you hire our Southlake divorce lawyers, we’ll explain your options and protect your legal rights at every step of the process. We have decades of combined experience that we use to deliver the best possible results for our clients in every case. We understand what’s at stake in your divorce, and we know how to use the law to seek a favorable outcome whenever possible.

You can rely on the legal team at the Law Office of Dana L. White, PLLC for honest, compassionate legal advice. Contact us today to learn more about how we can help you. You can reach us at 817-512-1580.

How Does Texas Law Impact a Tarrant County Divorce?

Getting divorced in Tarrant County means you are subject to specific legal requirements. At the same time, the law protects each spouse and seeks the best interests of everyone involved, especially any minor children.

In a Texas divorce, some of your rights and interests include, but are not limited to:

  • Division of assets includes all marital property from real estate to bank accounts, investments, business ownership/interests, retirement accounts, and more
  • Division of debt accumulated during the marriage. These include mortgages, credit cards, medical bills, student loans, car notes, and tax debt
  • Parental rights, except in certain cases of abuse and neglect
  • Spousal maintenance or alimony
  • Federal income tax liability

The division of marital property and debt may be addressed before marriage in a prenuptial agreement or, after the wedding, in a post-marital agreement. These nuptial agreements set forth each party’s property rights and responsibilities should the marriage end in divorce.

Such contracts are submitted to the family court throughout Tarrant County when a divorce ensues and are intended to dictate how each spouse will handle the issue of marital property.

What Happens if I’m Divorcing with Children?

Some of the most complex divorces involve minor children. If you have children with your ex, you have certain additional rights related to parenting. For example, your parental rights may include the right to child support, visitation, physical and legal custody, and other related matters.

Protecting your relationship with your children is our number one priority. We’ll help fight for your child’s best interests and for your rights as a parent. Some of the child-related legal matters we deal with include child custody, visitation, and child support.

Child Custody Arrangements

In Texas, the term “conservatorship” is commonly used in place of child custody. Being a conservator means you have legal responsibilities to care for your child and make decisions on their behalf. These are referred to as legal conservatorship (decision-making authority) and physical conservatorship (the responsibility for physically caring for and living with your child).

Both types of conservatorships may be shared between both parents or awarded to a sole parent. A Tarrant County judge may help find a solution if the divorcing parties are unable to reach a custody agreement.

Visitation

Visitation is an important parental right that applies when parents share physical custody or if one parent has the child for the majority of the time. The non-custodial parent may be awarded visitation rights, which helps involve them in the child’s life. Our legal team can help you seek a fair visitation agreement that meets your family’s needs and is in the best interest of your child.

Child Support

Child support can be a highly contentious aspect of any divorce. Child support is typically paid from a higher-earning parent to the other parent.

Our experienced family law attorneys will work tirelessly to seek a child support order that meets your current and future needs. We represent parents seeking child support and those being ordered to pay. We’ll gather evidence and represent you in a way that protects your financial interests.

What Are Grounds for Divorce in Texas?

In Texas, divorce can be sought on both no-fault and fault-based grounds, giving individuals flexibility in choosing the basis for their divorce.

No-Fault Grounds

No-fault divorce is the most common in Texas. Spouses can simply state that their marriage has become insupportable due to discord or conflict of personalities that has destroyed the legitimate ends of the marital relationship. This essentially means they can’t get along, and there’s no hope for reconciliation.

Fault-Based Grounds

Fault-based grounds for divorce in Texas may include:

  • Cruelty: If a spouse has been cruel to the other, making the continuation of the marriage insupportable
  • Adultery: If a spouse has committed adultery during the marriage
  • Felony Conviction: If a spouse has been convicted of a felony and imprisoned for at least one year without pardon
  • Abandonment: If a spouse has left the other with the intention of abandonment and has remained away for at least one year
  • Living Apart: Spouses can file for divorce if they have lived apart without cohabitation for at least three years

Texas law allows individuals to choose the most appropriate reason for their divorce. However, no-fault divorces tend to be less complicated and contentious. It’s essential to consult with a Southlake divorce attorney to understand the implications of each ground and decide the best approach for your specific situation.

What Is the Divorce Process in Texas?

The divorce process in Texas involves several stages, from filing the initial petition to the finalization of the divorce decree.

Here is an overview of the key steps:

  • Filing the Petition: The divorce process starts with one spouse filing a petition for divorce in the appropriate Texas family court. The petition outlines the grounds for divorce (either no-fault or fault-based) and requests specific outcomes, such as child custody or property division
  • Serving the Petition: After filing, the other spouse must be served with a copy of the petition and a citation, providing notice of the divorce proceedings
  • Response and Counterpetition: The served spouse can respond to the petition by either agreeing or contesting the terms. They may also file a counterpetition with their own requests
  • Temporary Orders (if needed): In cases involving child custody, spousal support, or other immediate concerns, the court may issue temporary orders to address these matters until the divorce is finalized
  • Discovery and Negotiation: Both parties exchange information and documents relevant to the divorce. Negotiations may occur to reach agreements on various issues, such as property division and child custody
  • Mediation (if required): Mediation is often required in Texas to facilitate agreement on contested issues. A neutral mediator helps the parties reach a mutually acceptable resolution
  • Trial and Finalization: If agreements are not reached, the case goes to trial, where a judge decides on unresolved issues. After the trial, a final divorce decree is issued, officially ending the marriage

The divorce process in Texas can vary in duration and complexity based on the specific circumstances of the case. Seeking guidance from our Southlake divorce attorney is highly recommended to navigate this process smoothly and ensure your rights and interests are protected.

What Is the Difference Between Contested & Uncontested Divorce in Texas?

In an “uncontested” divorce, you and your spouse agree to all terms. Typically, a divorce attorney serving Southlake, TX, represents only one party. The other party does not need to be served by a process server because they will sign a waiver. This method is significantly less expensive, less stressful, and faster than other types of divorce; however, it is often not feasible due to disputes or the complex nature of the divorce case.

In contested divorces, both sides will need a divorce attorney. The parties can resolve these divorce cases through informal negotiation, mediation, or, where no agreement can be reached, through a trial in family court throughout Tarrant County, Texas.

Texas provides a no-fault divorce option in which you and your spouse do not have to prove marital misconduct in court as the cause of the divorce. In addition, no proof of marital misconduct is filed under “insupportability,” in which you assert that the marriage cannot continue due to irreconcilable differences or disagreements.

What Happens if I’m Divorcing with a Prenuptial or Postnuptial Agreement?

Many couples begin their marriage with a prenuptial agreement to simplify their finances and establish specific terms in the event of divorce. Postnuptial agreements accomplish these same goals but are created after the marriage has occurred. Prenups and postnups can be highly beneficial in a divorce, but it is still crucial to hire a lawyer to interpret the document and ensure the terms are fulfilled.

In some cases, a prenuptial agreement (prenup) or postnuptial agreement (postnup) may be ruled invalid, either because of how it was created or because the terms are unreasonable. Our Southlake divorce lawyers can help you through the complex process of divorcing with a prenuptial or postnuptial agreement. We are also ready to help if you want to create one of these documents to protect you in the event of a divorce.

Can I Divorce Without Court Interference in Tarrant County?

One concern many people have when divorcing is accomplishing this process without excessive court interference. Court battles can be emotionally and financially draining, so it makes sense that many couples want to resolve matters out of the courtroom. The good news is that you can achieve a divorce without going to court in many instances.

One of the best ways to keep control over your divorce agreements and minimize the time and expense of a divorce is through mediation. Mediation can occur in private, involving only you, your ex, and your attorney(s). You’ll still have the protection of a legal representative, but you get greater control over the outcome of the divorce. We also find that many people experience fewer hard feelings and greater peace of mind when they use mediation to achieve a collaborative divorce rather than leaving decisions up to a judge.

Our family law attorneys have extensive experience helping couples navigate their divorce through mediation. We are also highly trained litigators, should your case require a hearing before a judge.

How Can Your Southlake Divorce Attorneys Help Me?

Divorce can be one of the most challenging periods in a person’s life. The Southlake divorce attorneys at the Law Office of Dana L. White, PLLC, understand how difficult this time can be – and that is why our attorneys treat every divorce case with the utmost care and respect.

Over our 25+ years of legal practice, our attorneys have successfully represented thousands of clients through their divorce proceedings, allowing them to move on with their lives to brighter futures confidently. So don’t hesitate to contact us today to set up a consultation with one of our skilled and compassionate top-rated divorce lawyers.

Call (817) 512-1580 today to schedule a meeting with our caring, capable legal team.