Deciding to end a marriage is never easy. Figuring out the legal side of things can feel overwhelming. When searching for a “divorce attorney McKinney Texas,” you’re looking for someone to guide you through this difficult process and protect your rights and interests. Whether you’re facing a contested divorce, child custody disputes, or complex property division in Collin County, having the right lawyer can make all the difference. It’s important to find a divorce lawyer in McKinney who has extensive courtroom experience, particularly in high-conflict and high-asset divorce and custody cases. Many attorneys who practice family law in Texas prefer to settle quickly. But settling without careful strategizing can result in a less-than-ideal outcome. With experience trying serious cases and negotiating settlements, an attorney who prioritizes the client’s needs is key to achieving a favorable outcome.
Divorce laws in Texas can be complex. Each divorce case has its own unique circumstances. Fortunately, many experienced Texas divorce lawyers are practicing in the McKinney area. Finding an attorney who is the right fit for your specific needs is crucial.
Finding the Right Divorce Attorney McKinney Texas
Choosing a divorce attorney is a crucial first step in the divorce process. While many lawyers practice family law, prioritize finding someone with expertise and experience in handling cases similar to yours. Consider the attorney’s courtroom experience and approach. Do they tend to push clients toward settlement, or do they prepare every case as if it’s going to trial? Having confidence that your divorce attorney will be ready if your case goes to trial may encourage the opposing side to offer a better deal to avoid litigation’s uncertainty and expense. If your case involves business valuations, significant assets, a complex financial portfolio, or complicated custody issues, seek an experienced family law attorney in Fort Worth, as they often have experience with similar cases.
Essential Factors When Hiring a Divorce Attorney
Your attorney will become your advocate during a difficult period in your life. While online reviews, location, and fees are factors to consider, selecting an attorney you feel confident working with is essential. Finding an attorney in McKinney, TX, or the surrounding North Texas area who will give you the individual attention needed to achieve a successful outcome is also important. Before your initial consultation, prepare your questions beforehand. We’ve prepared a list below to help you get started. Remember that these are not the only factors you may need to consider:
- Does the lawyer offer free consultations?
- What is the lawyer’s approach to divorce? Do they tend to push for settlement or prepare every case for litigation?
- Does the lawyer focus primarily on family law? Or do they practice other areas of law as well? How long have they been practicing family law?
- Will you be working directly with that lawyer, or will you be working primarily with a paralegal or associate?
- Do they have a strong network of expert witnesses? Expert witnesses can make or break your case, particularly if complex financial matters are involved. Many “family law” firms don’t have access to the experts needed to succeed in complex high-asset or high-conflict custody cases. You may need the assistance of experts like forensic accountants, child custody evaluators, appraisers, business valuation specialists, real estate experts, or financial advisors.
Grounds for Divorce in Texas
In Texas, you can file for a no-fault or fault-based divorce. No-fault divorce is common. Your divorce attorney in McKinney, Texas, will tell you it only requires proving that the marriage has become insupportable. This means proving the marriage involves discord or a conflict of personalities that destroys the marital relationship. It must also be proven that the discord or conflict prevents any reasonable expectation of reconciliation.
While proving fault in a no-fault divorce is unnecessary, your Texas divorce lawyer may suggest pursuing a fault-based divorce to gain a more favorable outcome. This is especially true if your divorce involves complex custody, spousal maintenance, or property issues.
Fault-based divorces require proof. Texas divorce lawyers know fault-based divorces involve alleging your spouse is responsible for the breakdown of the marriage by committing one of the following:
| Fault-Based Divorce Grounds in Texas | Proof Required |
|---|---|
| Cruelty | To prove cruelty, you must prove your spouse has committed cruel treatment that makes further living together insupportable. It involves more than mere incompatibility or arguing; it involves abusive conduct that makes living with the spouse dangerous. This type of conduct jeopardizes your mental and/or physical well-being. |
| Adultery | This means proving your spouse had a sexual relationship with another person during the marriage. Typically, this requires direct or circumstantial evidence of an affair. |
| Conviction of a Felony | You can pursue divorce on this ground if your spouse is convicted of a felony, sentenced to confinement in prison for at least one year, and not pardoned. |
| Abandonment | Abandonment occurs when one spouse leaves the other with the intention of abandoning the marriage and remains gone for at least one year. |
| Confinement in a Mental Hospital | This ground for divorce involves one spouse being confined to a mental hospital for at least three years. It must also be proven that there is no reasonable expectation of recovery. |
Child Custody
When thinking about filing for divorce in McKinney, child custody matters can bring about many questions. Your divorce attorney will inform you that Texas courts strive to make custody arrangements that serve the children’s best interest. If you can’t agree on child custody, visitation schedules, or child support with your spouse, the Texas family court will intervene and make those decisions for you. These custody considerations often become emotionally charged when parents disagree. This is common in cases involving breastfeeding and shared custody.
Courts typically make decisions based on what is in a child’s best interest. They understand that having a meaningful relationship with both parents is in a child’s best interest. However, this may not always be the case. This is especially true if there’s a history of domestic violence, neglect, abuse, substance use issues, or abandonment. Situations such as these will lead your child custody attorney to fight to protect you and your children. In situations where one parent cannot properly care for a child, the court may award sole custody. The court may also order restricted or supervised visitation to the other parent. This is also true in situations where a parent poses a risk of harm to a child’s well-being.
Even with an established custody agreement in place, seeking the guidance of a divorce attorney may be necessary if circumstances have changed. Events like job changes, school issues, medical conditions, relocation, a parent’s lack of engagement in a child’s life, remarriage, abuse allegations, substance use, or disagreements about the other parent’s level of involvement in the child’s life are all examples of pressing reasons to seek the help of experienced Texas divorce attorneys.
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Property Division in Texas
It’s generally understood that everything obtained during marriage is community property in Texas. This means it is subject to a 50/50 split. However, exceptions exist to this assumption. Texas law requires that marital assets acquired during the marriage be split “justly and fairly.” This is not always the same as equally. For instance, if one spouse misused community funds, a 50/50 split of the remaining assets may not be deemed equitable. A 50/50 split may also not be considered “just and fair” if one spouse is awarded custody of the children and given primary use of the family home. Seeking assistance from estate planning lawyer can help spouses obtain an outcome that suits themselves and their children’s long-term interests better.
Property obtained before marriage is considered separate property. This separate property belongs solely to that spouse. Separate property also includes anything one spouse received during the marriage as a gift or through inheritance. If one spouse purchased a house before the marriage, an experienced divorce lawyer would guide you on the best steps to ensure that your separate property remains solely yours when characterizing assets. This is crucial for the purposes of property division in your Texas divorce. But this may require presenting proof. This proof could be real estate records, bank statements, purchase receipts, or even witness testimony.
Texas divorce lawyers will also inform you that your separate property can become commingled with marital property. For example, using funds from a separate bank account established before marriage to make payments toward the marital home’s mortgage would likely result in the house becoming partially community property. An attorney with experience handling complex divorce cases will evaluate your circumstances and help protect your financial interests.
Other Matters Handled by a Divorce Attorney McKinney Texas
Besides child custody, property division, and proving grounds for divorce, a divorce attorney in McKinney can provide guidance on issues such as:
- Child support calculation and enforcement: Courts often make child support decisions based on Child Support Calculator guidelines, which can leave custodial parents feeling that their children do not have access to the financial resources they deserve. These calculations can leave obligor parents feeling overwhelmed by the burden of high child support obligations. An attorney serving McKinney can help ensure the court considers all sources of income when calculating support.
- Spousal support: One spouse may need spousal support to transition financially following divorce. This is especially true if they made career or financial sacrifices for the marriage, such as being a stay-at-home parent or moving to support their spouse’s job. Spousal support, or alimony, is only awarded in certain circumstances. These circumstances are defined in Chapter 8 of the Texas Family Code.
- Prenuptial and postnuptial agreements: These agreements clarify how property and assets are divided if the marriage dissolves. They can offer protections for law firm owners, successful business owners, professional athletes, or anyone concerned about commingling or dividing complex assets and debts upon divorce.
Navigating Divorce Without An Attorney
Although not recommended, it’s legally possible to navigate divorce without an attorney. In uncontested divorces, where spouses agree on all issues, you may believe a divorce attorney is unnecessary. This may seem especially true if you don’t have children or complicated assets to divide. Some couples use do-it-yourself, low-cost forms in hopes of minimizing conflict and moving forward quickly. However, Texas divorce lawyers will caution against making critical mistakes that could impact your long-term interests during a difficult and confusing time.
Hiring a divorce attorney could ultimately help you avoid experiencing negative legal, financial, and emotional implications in the future. There’s much at stake, particularly if there are complex issues involved. Examples of complex issues include proving grounds for a fault-based divorce, business valuations, high-net-worth estates, large financial portfolios, or even a contentious child custody battle. Hiring a divorce attorney in Collin County could potentially prevent future disagreements that require filing a modification.
FAQs about Divorce Attorney McKinney Texas
FAQ 1: How much does a divorce attorney cost in Texas?
Attorney fees for divorce in Texas can vary significantly. Many factors influence attorney costs, including the attorney’s experience and expertise, whether it’s an uncontested or contested divorce, if the case is high-asset, and the complexity of the case. For example, divorce mediation is generally less expensive than litigation.
FAQ 2: How fast can I get divorced in Texas?
In Texas, there is a mandatory waiting period of 60 days from the date of filing before a divorce can be finalized. That said, uncontested divorces without children or significant property disputes may be resolved soon after that period, especially if there are no extenuating circumstances. An example of an extenuating circumstance would be high-conflict divorce matters. But if disagreements arise between you and your spouse or complex property issues are involved, it can take much longer to finalize a divorce in Texas. This is especially true if litigation is needed.
FAQ 3: What are the residency requirements to file for divorce in Texas?
You must meet certain residency requirements before you or your spouse can file for divorce in Texas. To be eligible to file, you must reside in the state for at least six months. You must also have resided in the county where you plan to file for divorce for at least 90 days before filing. An example of a Texas county with several qualified family law attorneys would be Collin County. Many experienced lawyers who handle complex family matters have offices in Collin County. These attorneys often handle high-asset or contentious custody cases. This makes it easy to schedule an in-person initial consultation.
Several counties, like Collin, offer local resources to help people going through a divorce. These resources include local mediation services, mental health support groups, divorce education workshops, financial advisors, and co-parenting programs. Additionally, the Spanish-speaking community of Collin County has access to qualified divorce attorneys in McKinney that are fluent in Spanish. This can provide comfort, understanding, and peace of mind when legal issues seem confusing or complicated.
Conclusion
Going through a divorce is tough both legally and emotionally. A supportive, experienced attorney in McKinney, Texas, can ease your stress and protect your interests. It’s crucial to choose a lawyer who answers questions clearly and cares about your future. This choice greatly impacts your case and future.
At Warren & Migliaccio, our team is here to help. We tackle contested issues, complex assets, and child custody cases. We’re ready to guide you. To talk about your situation, call us at (888) 584-9614 or contact us online.
