Ending a marriage in Texas is a complicated process made much easier by using our experienced Dallas divorce lawyers. With their knowledge of the state's family law system and local courts, they can guide you to making the best decisions for yourself and your family. Unfortunately, choosing the best Dallas divorce lawyers isn't as easy as it sounds. At Bailey & Galyen, we have seen firsthand what happens when individuals choose the wrong family law firm to handle their divorce case. This comprehensive guide will provide helpful information regarding Dallas divorce proceedings so that you know what to expect during the process.
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Dallas Divorce Guide
- What to Know About Divorce in Dallas?
- Why Should I Hire a Dallas Divorce Lawyer?
- What Should I Look For in a Dallas Divorce Lawyer?
- Choose the Right Dallas Divorce Attorney to Help You Through This Difficult Time
What to Know About Divorce in Dallas?
Types of Divorce
Dallas follows Texas state law when it comes to divorce proceedings.
These complex laws can confuse those not familiar with them, especially considering the multiple types of Dallas divorce options:
- No-Fault Divorce: This is the most common type of divorce in Texas, where neither party needs to prove fault. Both parties agree that their marriage has become insupportable due to irreconcilable differences or persistent conflicts.
- At-Fault Divorce: In this type of divorce, one spouse cites specific reasons for the marital dissolution. Successfully proving fault can influence custody, support, and property division decisions.
- Uncontested Divorce: Here, both parties agree on all aspects of the divorce, including asset division, child custody, and support arrangements. Uncontested divorces are generally quicker and less costly since they avoid extended legal battles.
- Contested Divorce: If spouses cannot agree on custody, visitation, or property division, the court will decide these matters. Contested divorces involve a discovery period for gathering evidence. They may include multiple hearings before a trial if disputes remain unresolved.
- Mediated Divorce: While not mandatory in Texas, mediation can be chosen by both parties to resolve disputes amicably with the help of a neutral mediator. Each spouse can have a lawyer present. If mediation is successful, the settlement is submitted to the court; otherwise, the case proceeds to trial.
- Collaborative Divorce: This process involves spouses working with their attorneys and other professionals to reach an agreement without court intervention.
Eligibility Requirements for Divorce in Dallas
Understanding who can file for divorce in Dallas is crucial to the process. To file for divorce in Dallas:- Either spouse must have been a Texas resident for at least six months preceding the filing.
- One of the spouses must have resided in Dallas County for at least 90 days.
- The petitioning party (the one requesting the divorce) must allege grounds (reasons) for divorce, such as insupportability or fault.
- Living apart for three years or more
- Confinement in a mental hospital for three years or more
- Cruel treatment
- Adultery
- Felony conviction and imprisonment for one year or more
- Abandonment for one year or more
Dallas Divorce Filing Process
Any mistakes made trying to do it on your own could result in delays or unfair outcomes. Though every divorce is unique, the help of a divorce lawyer in Dallas can make all of it easier, including:- Filing the Petition: One spouse (the petitioner) files an Original Petition for Divorce with the court and serves it to the other spouse (the respondent).
- Response: The respondent must file an answer within a specific period, usually 20 days after being served.
- Temporary Orders: Either party can request temporary orders for issues like child custody and support while the divorce is pending.
- Discovery: Both parties exchange relevant information and documents about marital assets, debts, and other pertinent issues.
- Negotiation/Mediation: Many cases go through negotiation or mediation to settle disputes outside court.
- Trial: If agreements cannot be reached, the case proceeds to trial, where a judge will make final decisions.
- Receive Divorce Decree: Once all is settled, the court will issue a final divorce decree, formally ending the marriage once the 60-day waiting period has passed.
Why Should I Hire a Dallas Divorce Lawyer?
Legal Benefits
Representing yourself in a divorce will rob you of the legal benefits a divorce lawyer in Dallas can provide, including but not limited to:
- Knowledge and Experience: Texas divorce laws are complex, and a divorce lawyer in Dallas is someone who understands these laws best. They can help you navigate the legal system and protect your rights.
- Negotiation Skills: Divorce negotiations can be emotionally charged, leading to irrational decisions that may not be in your best interest. A skilled Dallas divorce attorney can negotiate on your behalf while keeping emotions aside.
- Legal Strategy: Every case is different, and a good divorce lawyer will evaluate all aspects of your situation to create a strategic plan that works for you.
- Documentation Preparation: Every divorce case involves extensive paperwork. An experienced attorney knows what documents are necessary and how to fill them out correctly.
- Communication: A divorce lawyer can communicate with the other party and their attorney on your behalf, reducing potential conflicts or misunderstandings.
Financial Benefits
Divorce in Dallas will require hammering out an agreement regarding assets, liabilities, and other financial matters. Having a Dallas divorce attorney on your side can lead to:- Fair Division of Assets: Dividing marital property can be complex and requires careful analysis of all assets. An experienced lawyer will ensure that the division is fair for both parties.
- Alimony/Spousal Support: In some cases, one spouse may require financial support from the other after the divorce is finalized. A divorce lawyer in Dallas can help negotiate spousal support or alimony that meets your needs and capabilities.
- Managed Costs: Filing for divorce on your own can cost you more in the long run due to legal errors or delays. A divorce lawyer can help manage costs and ensure all legal proceedings are done correctly.
Family Benefits
A divorce lawyer in Dallas can help protect your rights as a parent and ensure that the best interests of your children are considered throughout the process, especially regarding:- Child Custody: An experienced attorney will advocate for your desired custody arrangement while considering what is best for the child.
- Child Support: If children are involved, child support must be determined. A skilled attorney can ensure that child support payments are fair and reasonable based on both parents' income and expenses.
- Parental Rights: In some cases, one spouse may try to restrict or limit parental rights to gain an advantage in the divorce. A divorce lawyer can help protect your parental rights and ensure that you maintain a meaningful relationship with your child.
- Child Relocation: If one parent wishes to move away after the divorce, it may affect custody and visitation arrangements. An attorney can guide you through the legal process of obtaining approval for relocation or contesting it if necessary.
What Should I Look For in a Dallas Divorce Lawyer?
Reputation for Success
When searching for a divorce lawyer in Dallas, look for someone with excellent reviews and track record of success. This can be determined through client reviews, years in practice, and any awards or accolades they may have received.
Experience in Family Law
Hire a lawyer whose focus is primarily or exclusively on family law, not just a practice that offers it as one of their many services. A family law firm dedicated to divorce and family matters will likely have board-certified specialists who can better handle your case.Compatibility
Your divorce attorney should be someone you feel comfortable sharing personal details and trust to handle your case. Meet with potential attorneys for consultations to determine if they suit you well.Communication and Availability
During such a sensitive time, maintain open communication with your divorce lawyer in Dallas. Look for someone who is easily accessible through various means of communication and keeps you updated on the progress of your case.Compassion and Empathy
Divorce can be emotionally draining, so hire an empathetic and understanding lawyer. They should offer support and professional guidance while still focusing on achieving your best outcome.Choose the Right Dallas Divorce Attorney to Help You Through This Difficult Time
