Serving Individuals Throughout Wichita County and the Surrounding Areas
Divorce can be one of the most challenging experiences a person can go through. It can be an emotional and stressful process that impacts many aspects of your life. At Warren & Migliaccio, we help individuals navigate divorce. Are you considering or currently facing divorce? If so, contact our divorce lawyers in Wichita Falls, TX, for dedicated legal support. We can protect your rights and advocate for your best interests.
Our attorney, David Lane, is a local divorce lawyer in Wichita Falls. He has in-depth knowledge and familiarity with the local court system and landscape. He knows local rules, procedures, preferences of judges, and the practices of opposing attorneys. His insight can be invaluable in preparing, negotiating, and trying your case.
For example, his familiarity with other local attorneys can lead to more effective negotiation and mediation outside the courtroom. If your case goes to trial, by understanding the judge’s tendencies in similar cases, we can develop a solid legal strategy to advocate for your best interests in the courtroom. Contact us today to schedule a free consultation about your situation.
What to Know About Filing for Divorce in Wichita Falls, TX
In order to file for divorce in Wichita Falls, TX, at least one spouse must have been a resident of Texas for at least six months before filing. Additionally, one of the spouses must have resided in Wichita County for at least 90 days before filing the petition.
The divorce process generally begins with one spouse filing a divorce petition with the district court. Divorces in Wichita Falls can be either uncontested or contested.
An uncontested divorce can occur when both spouses agree on all divorce-related issues. Divorce-related matters include property division, child custody, and support. When both parties agree on all major aspects of the divorce, it streamlines the divorce process.
In contrast, a contested divorce refers to a divorce in which both spouses disagree on one more issue. If the spouses cannot reach an agreement through negotiation or court-ordered mediation, a judge will make final decisions on all contested matters. Contested divorces are generally more contentious, emotional, and time-consuming.
Texas allows for both no-fault and fault-based grounds for divorce. In a no-fault divorce, you do not have to prove that one spouse is to blame for the marriage breakdown. Instead, you can cite “insupportability” or irreconcilable differences.
In a fault-based divorce, one party must prove that the other spouse’s behavior led to the deterioration of the marriage. Fault divorces generally are more complex and take longer to resolve. Grounds for a fault-based divorce in Texas include adultery, cruelty, and abandonment.
Once one spouse files the divorce petition, Texas requires a 60-day waiting period from the time of filing to finalize a divorce. In fault-based or contested divorce cases, you can expect a much longer divorce timeline.
Our Wichita Falls Divorce Lawyers Can Help You With All Divorce-Related Matters
At Warren & Migliaccio, Wichita Falls divorce attorney David Lane and our team offer comprehensive legal support to individuals facing divorce. We can guide you and advocate for you throughout the divorce process. Our attorneys can help you resolve all types of divorce-related issues, such as:
Property Division
When a marriage ends, property division is one of the most significant issues to resolve. In a Texas divorce, there are two main types of property to consider: community property and separate property.
Texas is a community property state, meaning most property acquired by either spouse during the marriage belongs equally to both spouses. Community property is subject to division during a divorce.
Separate property refers to the property each spouse owned before the marriage. It also includes inheritances or gifts received by one spouse during the marriage. Separate property is not subject to division.
Our Wichita Falls divorce attorneys help our clients secure a fair distribution that supports their best interests and future financial security. A few ways we support our clients include:
- Asset tracing and identification
- Property valuation
- Property characterization
- Proving separate property
- Negotiating equitable property division
- Enforcing relevant prenuptial or postnuptial agreements
- Litigating for our clients
Child Custody
Child custody, or conservatorship, is an utmost concern for parents going through divorce. Texas law outlines two types of conservatorships: joint managing conservatorship and sole managing conservatorship.
Texas law presumes maintaining strong relationships with both parents is in the child’s best interest. Because of this presumption, joint managing conservatorship is the most common custody arrangement.
Under it, both parents share legal custody. Legal custody refers to decision-making power in raising a child. However, the child lives primarily with one parent, called the custodial parent. The other parent, the non-custodial parent, gets visitation rights.
Under a sole managing conservatorship, only one parent has physical and legal custody of the child. The court may award sole custody if joint conservatorship is not in the child’s best interest. For example, family violence, neglect, or substance abuse may warrant sole custody.
Our divorce attorney in Wichita Falls advocates for custody arrangements that protect your parental rights and your relationship with your child while prioritizing your child’s best interests.
Child Support
Child support ensures that children maintain a standard of living comparable to what they would have experienced if their parents had stayed together. In Texas, the non-custodial parent, or parent that does not have primary physical custody, usually pays child support.
The court calculates child support payments using state guidelines. The payment amount is generally based on a percentage of the non-custodial parent’s income and number of children. However, the court may also consider other factors to determine payments.
Whether you seek to establish child support or must pay child support, we can help you ensure it is fair. We work to protect your best interests and those of your child.
Spousal Maintenance
Spousal maintenance is financial support one spouse pays to the other after a divorce. In Texas, obtaining spousal maintenance by court order is challenging. The court awards it based on specific eligibility criteria outlined by Texas law.
The spouse seeking maintenance must prove that they will lack sufficient property at the time of the divorce to provide for their minimum reasonable needs. They must also meet other criteria for the court to consider awarding spousal support.
Whether you seek maintenance, or your spouse seeks alimony from you, our firm can advocate for your financial best interests.
Contact Our Divorce Attorneys in Wichita Falls, Texas, for a Free Consultation
Are you facing a divorce in Wichita Falls or Wichita County? If so, do not hesitate to discuss your situation with our divorce lawyers in Wichita Falls, TX. Our team is happy to answer your legal questions. We can also discuss how we can help you navigate this challenging time.
We combine deep knowledge of the local legal landscape with a compassionate and personalized approach to every case. Call us at (888) 584-9614 or complete our online contact form to schedule a free consultation.
