Texas Divorce Lawyers
Divorce Attorneys Serving The Dallas Fort Worth Metroplex And The Houston Area
When you face divorce, whether you have made the decision to file or have been served with a divorce complaint, the emotional issues involved can make it difficult to objectively determine what you need. Making good decisions about such complex issues as child custody and visitation, support and property division can be complicated by what you want, rather than what you need.
At Bailey & Galyen, we understand how you feel. We have provided comprehensive counsel to men and women facing divorce for more than 40 years. We know that divorce proceedings can leave you feeling helpless and alone. For that reason, we dedicate ourselves to providing a high level of personal service and attention to individuals going through the personal transitions that come with divorce.
We emphasize communication, responsiveness, and accessibility, working hard to be available when you need to talk. We listen carefully to all your questions and concerns, providing straight answers when you need them most. We keep you fully informed of all developments in your case, as well as your options and likelihood of success, so that you can make the right decisions.
To set up a free initial consultation, contact our offices or call us at 844-402-2992.
Our Divorce Practice
At Bailey & Galyen, we understand that divorce involves a wide range of complex issues that can affect every aspect of your life, from your relationship with your children to your financial future. Our divorce attorneys offer experienced, compassionate counsel on all aspects of Texas divorce law, providing guidance tailored to your unique circumstances. Whether you’re facing a contested divorce, dealing with child custody disputes, or need assistance with post-divorce modifications, we’re here to help. Below are the key areas we handle:
Child Custody and Visitation
Child custody is often one of the most emotional and difficult aspects of a divorce. Our attorneys work closely with you to ensure that custody and visitation arrangements prioritize the best interests of your children while protecting your parental rights. We help establish clear, fair custody and parenting plans, addressing physical and legal custody, visitation schedules, and any specific needs of your children.
Child Support
Child support calculations in Texas are based on a set of guidelines, but every case is unique. Our team ensures that all income is accounted for, including self-employment, seasonal income, and commissions. We help review and negotiate child support orders to ensure they are fair, in line with Texas law, and appropriate for your family’s financial situation.
Property Division and Equitable Division of Marital Assets and Debts
Texas follows community property laws, meaning assets and debts acquired during the marriage are typically divided equally. Our attorneys are experienced in handling the complex task of dividing marital property, including real estate, bank accounts, investments, retirement accounts, and business interests. We work hard to ensure that your share of the marital estate is fair and equitable, addressing both tangible and intangible assets.
Alimony or Spousal Support
Spousal support is not automatically awarded in Texas but may be granted under specific circumstances. Our team will assess whether alimony is appropriate in your case and advocate for fair terms regarding the amount, duration, and frequency of payments. We work to ensure that your financial security is protected throughout the process.
Post-Divorce Modifications and Enforcements
Life changes, and so do the circumstances surrounding your divorce. If there are significant changes in your financial situation, your children’s needs, or other important aspects of your life, we can help you modify existing divorce orders. Additionally, if your ex-spouse is not following court orders, we will work with you to enforce those agreements and ensure compliance.
Same-Sex Divorce
Same-sex couples face unique challenges in divorce proceedings, especially when it comes to issues such as property division, child custody, and spousal support. Our attorneys have the experience to address these challenges and ensure that your rights are fully protected throughout the divorce process.
Contested Divorce
In some cases, divorce may not be straightforward. When couples cannot reach an agreement on key issues such as custody, property division, or support, we provide assertive representation in contested divorces. Our team is committed to advocating for your interests while working toward a resolution that benefits you and your family.
Collaborative Divorce and Divorce Mediation
Divorce doesn’t always have to be adversarial. If you and your spouse are willing to work together, we can guide you through a collaborative divorce process or mediation, helping you reach a fair agreement without the need for litigation. These alternatives can often reduce stress, time, and costs, all while allowing you to maintain more control over the outcome.
Fathers’ Rights
As a father, you have the right to be an active participant in your child’s life. We are dedicated to protecting fathers’ rights in custody and visitation disputes, ensuring that your voice is heard and your relationship with your children is upheld. Whether you’re seeking joint custody or visitation rights, we will help you fight for your parental rights and work to establish a meaningful, lasting relationship with your children.
The Divorce Process in Texas
Divorce can be an overwhelming and emotionally taxing experience, but understanding the process can help alleviate some of the stress. In Texas, the divorce process involves several important steps that must be followed to ensure a fair and legal resolution. Our attorneys at Bailey & Galyen guide you through each stage, offering support and clarity from start to finish.
Filing for Divorce
The divorce process begins when one spouse (the petitioner) files a petition for divorce with the court. This document outlines the grounds for the divorce, whether it’s a no-fault divorce or one based on fault (such as adultery or cruelty). The petition is then served to the other spouse (the respondent), who has the opportunity to respond. If both spouses agree to the divorce, the process can proceed smoothly, but if there are disagreements, the case may move to a contested divorce.
Waiting Period
Texas law requires a 60-day waiting period after the divorce petition is filed before a divorce can be finalized. This mandatory waiting period gives couples time to reconsider or attempt reconciliation. However, it also provides time for spouses to gather necessary financial documents, discuss custody arrangements, and work on an agreement.
Temporary Orders (if necessary)
In some cases, one spouse may need immediate protection, such as child custody or spousal support. If urgent issues arise during the divorce process, either spouse can request temporary orders from the court. These orders can address child custody, visitation, temporary spousal support, and the use of property during the divorce. Temporary orders are not final, but they provide a framework until the divorce is finalized.
Discovery Process
Discovery is the phase where both spouses exchange information relevant to the divorce. This can include financial records, tax returns, property deeds, bank statements, and other important documents. In contested cases, discovery can become lengthy and may involve formal requests for information or depositions. Our team helps ensure you understand your rights during this phase and that you have all the necessary information to make informed decisions.
Negotiation and Settlement
Before proceeding to trial, many divorcing couples can resolve their issues through negotiation or alternative dispute resolution methods, such as mediation or collaborative divorce. These processes allow both parties to agree on issues such as property division, child custody, and spousal support, without the need for a trial. At Bailey & Galyen, we prioritize amicable resolutions that save time, reduce emotional strain, and lead to fair outcomes for both parties.
Trial (if necessary)
If an agreement cannot be reached through negotiation or mediation, the divorce will proceed to trial. During the trial, each spouse presents their case to the judge, who will make decisions on unresolved issues like custody, property division, and support. While most divorce cases settle before trial, we are fully prepared to advocate for your interests in court if necessary. Our experienced attorneys are committed to ensuring that your case is presented in the most effective way possible.
Finalizing the Divorce
Once all issues are resolved—either through settlement or trial—the court will issue a final decree of divorce. This decree outlines all the terms of the divorce, including custody arrangements, property division, and any spousal support or child support obligations. After the divorce is finalized, both parties must comply with the terms of the decree. In some cases, post-divorce modifications may be necessary if there are changes in circumstances.
Modifying or Enforcing Divorce Orders
After your divorce is finalized, life circumstances may change, requiring modifications to the original divorce decree. This could include changes in income, relocation, or adjustments to custody and visitation schedules. Our attorneys are skilled in handling post-divorce modifications and enforcement to ensure that your rights continue to be protected.
The divorce process can be complex and emotionally draining, but with the help of an experienced legal team, you don’t have to navigate it alone. At Bailey & Galyen, we guide you every step of the way, providing compassionate and expert legal representation to protect your rights and help you move forward with your life.
FAQs About Texas Divorces
Divorce is a significant life event that often raises many questions. At Bailey & Galyen, we understand that you may have concerns about the divorce process, your rights, and what to expect moving forward. Below are some frequently asked questions (FAQs) to help clarify common divorce-related concerns in Texas. If you have additional questions or need personalized legal guidance, don’t hesitate to contact us.
What are the grounds for divorce in Texas?
Texas is a no-fault divorce state, meaning that you do not have to prove fault to get a divorce. The most common grounds are:
- Insupportability: A general reason that the marriage cannot continue due to differences or conflicts.
- Cruelty: When one spouse treats the other in a way that makes the marriage unbearable.
- Adultery: If one spouse has had an affair during the marriage.
- Conviction of a Felony: If one spouse is convicted of a felony and sentenced to prison for at least one year.
You can also file for divorce based on fault grounds, but most divorces are granted based on no-fault grounds.
How long does a divorce take in Texas?
The minimum waiting period for a divorce in Texas is 60 days from the date the petition is filed. However, the actual length of time to finalize a divorce can vary based on factors like the complexity of the case, whether the divorce is contested, and how quickly the spouses reach agreements. Some divorces can be finalized in as little as two to three months, while others may take six months or longer.
What is community property in Texas?
Texas is a community property state, which means that all property and debts acquired during the marriage are considered jointly owned, regardless of who paid for them. This includes real estate, vehicles, bank accounts, investments, retirement funds, and business interests. During the divorce process, the court will divide the community property fairly and equitably, though not necessarily equally, depending on the circumstances.
How is child custody determined in Texas?
In Texas, the court’s primary focus in child custody cases is the best interests of the child. Texas law allows for joint managing conservatorship, where both parents share decision-making authority, or sole managing conservatorship, where one parent has the primary authority. The court will consider factors such as:
- The child’s emotional and physical needs.
- The ability of each parent to provide for the child’s needs.
- The child’s relationship with each parent.
- Any history of family violence or abuse.
If parents cannot agree on a custody arrangement, the court will decide.
What factors determine spousal support (alimony) in Texas?
Spousal support is not automatically awarded in Texas, but it may be granted under certain circumstances. To qualify for alimony, the requesting spouse must show that:
- They lack sufficient property to meet their minimum reasonable needs.
- They are unable to support themselves due to a physical or mental disability or are caring for a child with a disability.
- The marriage lasted at least 10 years, and the spouse seeking support cannot meet their needs.
The amount and duration of spousal support depend on the length of the marriage, the financial and emotional needs of the spouse, and other factors.
Can I modify a divorce decree in Texas?
Yes, it is possible to request a modification of the divorce decree after it has been finalized. Common reasons for modification include:
- Changes in child custody or visitation due to a parent’s relocation or the child’s changing needs.
- Changes in child support due to a significant change in income or financial circumstances.
- Changes in spousal support if either party’s financial situation changes.
To modify a divorce decree, you must petition the court and show a substantial change in circumstances.
What is the difference between a contested and uncontested divorce?
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, child custody, and spousal support. This type of divorce is typically faster and less expensive because it does not require a trial.
A contested divorce occurs when the spouses disagree on one or more issues, and the court must intervene to resolve the disputes. This type of divorce may involve mediation, discovery, and a trial, and it often takes longer and can be more costly.
Can I get a divorce if my spouse doesn’t agree?
Yes, you can still get a divorce in Texas even if your spouse doesn’t agree. Texas law allows for a no-fault divorce, which means that you do not need your spouse’s consent to proceed. If your spouse does not respond to the divorce petition, the court may grant a default divorce. If your spouse contests certain aspects, such as custody or property division, the case may proceed as a contested divorce.
How can I protect my rights during a divorce?
Protecting your rights during a divorce begins with hiring an experienced divorce attorney. At Bailey & Galyen, we provide the legal guidance you need to ensure that your interests are safeguarded throughout the process. Whether it’s negotiating a fair property settlement, ensuring that your children’s needs are met, or protecting your financial future, we will advocate for you every step of the way.
If you have more questions or need personalized advice, don’t hesitate to reach out to our experienced team of divorce attorneys at Bailey & Galyen. We’re here to guide you through every stage of your divorce with care, professionalism, and dedication.
Contact Our Divorce Lawyers Today
For a free initial consultation with a divorce lawyer near you, contact us online or call our office at 844-402-2992 to schedule an appointment. You can reach us by phone 24 hours a day, 7 days a week. Evening and weekend consultations can be scheduled upon request. Se habla Español.
At Bailey & Galyen, we provide comprehensive legal counsel to individuals across Texas including Arlington, Bedford, Burleson, Carrollton, Dallas, El Paso, Fort Worth, Houston, San Antonio, Santa Fe, Springdale, Sugar Land, Lubbock, Mansfield, Mesquite, Midland/Odessa, Plano, Texarkana and Weatherford.
