Divorce Attorneys in Irving

Deciding to pursue a divorce is rarely easy. You likely have many questions about what to expect, the divorce process, and what it will mean for you and your family. Because every divorce presents its own set of circumstances, finding an experienced Divorce Attorney Irving is important. Seeking advice from an attorney who understands Texas divorce law can make a significant difference in achieving a positive outcome.

This article will cover key aspects of Texas divorce law. We’ll discuss the various legal procedures involved and other helpful details to help you prepare for the journey ahead. This information is offered as support to provide you with tools and knowledge. With the right information and the assistance of a skilled Divorce Attorney Irving, you can move towards a.

Understanding Divorce Laws in Texas

First, it’s important to grasp some fundamental legal concepts concerning divorce in Texas. One important principle is that Texas is a “no-fault divorce” state. This means that a divorce can be granted without either spouse having to prove the other was at fault for the marriage breakdown. In Texas, fault is not relevant in determining whether a divorce should be granted.

Call (888) 584-9614 or click here to submit a consultation request form now.

Get Help Now

Click Here To Call Now

Residency Requirements

To file for divorce in Texas, at least one spouse must meet residency requirements. The spouse filing for divorce must meet these two requirements:

• • Lived in Texas for at least six months.

• • Resided in the county where the divorce is being filed for at least 90 days.

Grounds for Divorce

While Texas is a no-fault state, grounds for divorce must still be stated in the divorce petition. The most common ground is “insupportability,” which signifies that the marriage cannot be saved due to discord or conflict. This signifies there’s no reasonable expectation of reconciliation.

Other fault-based grounds for divorce in Texas exist but are less commonly used. When fault is proven, it can sometimes influence decisions about property division, spousal support, and custody.  Examples include adultery, abandonment, cruelty, and domestic violence.

The 60-Day Waiting Period

After filing a divorce petition, Texas law mandates a 60-day waiting period before finalizing the divorce. This period is designed to give couples a chance to reconcile. However, in cases of family violence, this waiting period may not be necessary.

Navigating Divorce: Key Considerations in Irving, Texas

Now that we’ve covered some legal basics let’s discuss what they mean for those seeking a divorce in Irving, Texas.

Choosing the Right Divorce Attorney Irving

Selecting a Divorce Attorney in Irving, or in surrounding areas like Dallas and Fort Worth, who possesses experience and knowledge about divorce proceedings is a vital first step. Attorneys with experience in these areas will be knowledgeable about the specific procedures and judges in the local courts.

Factors to consider when selecting legal representation include:

• • Expertise – Look for an attorney with a strong track record handling divorce cases and expertise in the particular issues relevant to your situation. These issues could range anywhere from complex business litigation to a custody case.

• • Communication Style – Choose a Divorce Attorney with whom you feel comfortable communicating and confident in their ability to guide you. A successful attorney-client relationship thrives on trust and clear communication.

• • Fee Structure – Ask about attorney fees, retainer requirements, and how they handle billing to ensure it aligns with your budget. Understanding fees and payment plans upfront will prevent financial surprises down the road.

Beyond professional qualifications, finding a Divorce Attorney who also demonstrates compassion and understands the emotional toll of divorce is essential.

Remember that during a consultation with any firm you have the opportunity to ask about their approach, qualifications, experience, and any specific concerns related to your individual situation.

Types of Divorce

In Texas, divorce is classified as either “contested” or “uncontested.” Warren & Migliaccio provides experienced legal counsel to help people successfully navigate their divorce.

Choosing Between Contested and Uncontested Divorce

Deciding whether to pursue a contested or uncontested divorce is a crucial step in Texas. Uncontested divorce occurs when both parties agree on all terms, offering a faster and potentially more cost-effective resolution. However, it might not be suitable for every case.

In divorces with disagreements surrounding finances, custody, or other factors, things can become complex and contentious. In such instances, having a skilled divorce lawyer in Irving by your side is highly advisable. They’ll act as a fierce advocate for your best interests, whether it involves mediation, negotiation, or potential litigation.

• • An uncontested divorce signifies both parties agree on all aspects of the divorce including:
    
    • • Child custody
    • • Child support
    • • Spousal support or support payments
    • • Division of property
    • • Division of debt

• • A contested divorce indicates the spouses disagree about at least one aspect. Contested divorces usually necessitate further negotiation or legal intervention.

An experienced Divorce Attorney will outline each type’s benefits and considerations to assist you in determining the most fitting path for your circumstances.

Divorce Type	Characteristics	Benefits
Contested Divorce	Spouses disagree on one or more terms. Requires court intervention. Can involve litigation.	Offers a platform for disputes to be heard and decided by a judge. Protects individual rights and interests when agreements can’t be reached.
Uncontested Divorce	Spouses agree on all divorce terms. Minimal court involvement.	Streamlined, faster process. More cost-effective. Reduced conflict. Amicable resolution allows more control over the outcome.

Property Division in Texas

In a Texas divorce, the court considers all property acquired during the marriage as community property. Texas law requires that community property be divided in a “just and fair” manner. Although this often results in a 50/50 split, certain circumstances may lead to a different division.

Separate property refers to assets owned by either spouse before the marriage, gifts, or inheritances received by one spouse during the marriage. It also includes personal injury settlements acquired by one spouse. Texas law protects separate property, and this property typically is not subject to division in a divorce.

A skilled Divorce Attorney Irving will work diligently to accurately categorize, value, and divide community property while advocating to protect any separate property you may possess.

Here are examples of factors a court might consider when determining what is “just and fair” when dividing assets:

• • The length of the marriage.

• • The age and health of each spouse.

• • The earning capacity and education of each spouse.

• • Custody of children (although custody is not directly tied to property division).

• • Whether fault was determined.

Child Custody and Support

If children are involved in your divorce, then child custody, visitation schedules, and child support are crucial considerations. Parents need to determine not only financial support but also a parenting plan that details how important decisions regarding the children will be made.

When addressing these issues, the child’s best interest always remains paramount in any custody or child support decisions in Texas. Here are some essential terms regarding child custody in Texas you should know:

• • Conservatorship : This refers to parental rights and responsibilities for children. This can be Joint Managing Conservatorship or Sole Managing Conservatorship.

• • Possession and Access : This refers to how visitation and possession time is allocated between parents. This will outline when each parent has the children and for how long.

• • Child Support : In most situations, one parent is obligated to make financial contributions for child-rearing expenses to the other parent. This helps to ensure the children are well cared for financially.

Your Divorce Attorney will help determine and navigate the nuances involved in child custody, visitation schedules, and support calculations for your individual situation.

Spousal Maintenance (Alimony) in Texas

Unlike property division and child support, spousal support, commonly referred to as alimony, is not automatically awarded in Texas divorces. Spousal maintenance requires the spouse seeking support to prove a need for assistance and that they meet specific criteria. Spousal support is not always awarded.

Eligibility factors considered for spousal support may include:

• • A history of family violence.

• • The length of the marriage.

• • The ability to earn an independent income.

• • Custody responsibilities for a disabled child.

An experienced divorce attorney can help you assess whether you qualify to seek or are required to pay spousal maintenance in your case.Your attorney can present a strong argument in court or negotiate for a fair agreement, especially if fault is a factor in the divorce. Your attorney will be able to guide you in the right direction.

Common Misconceptions About Divorce in Irving

There are many myths and misconceptions about divorce that can lead to unnecessary stress or poor decision-making. Let’s clear up a few:

Misconception	Reality
Mothers always get custody.	Texas law doesn’t favor either parent. Custody decisions are based on the best interests of the child, and both parents’ rights are considered equally. This is especially true if you are seeking joint custody, where you would need to prove you can support a stable living environment for any children involved.
All assets are split 50/50.	Texas is a community property state, but “equitable” doesn’t always mean “equal.” The court considers many factors in dividing assets. For example, separate property is not subject to division during a divorce, which is why a prenuptial agreement is advisable if one spouse enters a marriage with significantly more assets than the other.
You need to prove fault to get divorced.	Texas allows for no-fault divorces based on “insupportability” (irreconcilable differences). Many couples use this as their reasoning for wanting a divorce. It allows them to bypass having to prove that one person is at fault, which is required when filing for divorce on other grounds, such as adultery or abuse.
Divorce always involves a trial.	Most divorces in Irving are settled out of court through negotiation or mediation. In fact, most attorneys will encourage you to reach a settlement outside of court as it is generally less costly for their clients. Going to trial can also significantly lengthen the divorce process, something many couples want to avoid.

FAQs about Divorce Attorneys in Irving

FAQ 1: How much does a divorce lawyer cost in Texas?

The cost of hiring a divorce lawyer in Texas is impacted by many factors. For example, case complexity, attorney’s hourly rates, length of the process, court fees and location are all significant factors in determining overall legal expenses. Divorce attorney fees can range from a few thousand to tens of thousands of dollars. Many attorneys offer free consultations.

FAQ 2: What type of lawyer is best for divorce?

For matters related to divorce, it’s advisable to seek legal assistance from an attorney specializing in family law. Family lawyers possess in-depth knowledge about divorce laws in Texas and other legal topics. They skillfully address a broad range of family legal issues, including property division, child custody and support, and spousal support.

FAQ 3: How much is a divorce in Dallas, TX?

Just like statewide, divorce costs in Dallas, Texas, vary depending on the complexity of each case. Factors impacting the total cost of divorce are consistent across the state. These include whether the divorce is contested or uncontested, if assets need to be valued, if a child custody evaluator is necessary, and the court fees. On average, a simple uncontested divorce in Dallas could range from $1,500 to $5,000, while a complex, contested divorce can easily exceed $10,000.

Conclusion

Divorce is complex and often involves strong emotions. As such, this journey through a divorce in Irving, Texas, requires a balance of understanding your legal options and effectively addressing emotional considerations. Remember to lean on your Divorce Attorney as a partner during this challenging time. They can address concerns about protecting your financial well-being and the needs of your children.

Schedule a Consultation With Our Divorce Lawyers in Irving, Texas

Divorce is one of life’s most difficult experiences, and you shouldn’t go through it alone. At Warren & Migliaccio, we are here to ease the legal burden by offering compassionate and experienced support throughout this challenging time.

If you’re considering divorce in Irving, reach out to our legal team. We can address your questions and guide you through each stage of the divorce process. Call us at (888) 584-9614 or complete our online contact form to arrange a consultation.