Divorce brings many new waves of changes and emotions. Navigating the legal side of things often adds an additional burden. Understanding what is at stake and ensuring your legal rights are protected is paramount, even in the most amicable of divorce proceedings. An experienced family attorney provides the advocacy you require to preserve your peace of mind. A Frisco divorce lawyer is ready to tackle each issue and work tirelessly to pursue a favorable outcome on your behalf.
The state of Texas allows no-fault as well as fault-based divorces, with the former being the most common basis upon which someone will file to obtain a dissolution of their marriage. In the case of no-fault divorce, citing irreconcilable differences can be sufficient to seek the termination of the marital union. Alleging fault, on the other hand, can be done in circumstances such as:
To file for and obtain a divorce in Texas, some specific requirements must be met. At least one of the individuals seeking the divorce must have lived in the state for no less than half a year. Moreover, one of the parties must reside in the county in which they are filing for a minimum of 90 days.
The duration of a divorce case will depend on a range of factors, including the concerns that need to be addressed and the willingness of each side to work together to reach a resolution. Even after filing for divorce in Texas, a 60-day window typically applies before it can be finalized. A Frisco attorney could advise as to the most appropriate course of action for filing the divorce petition.
When a Frisco attorney handles a divorce, there are common concerns they may encounter. Below, we summarize some of the most important issues in a typical divorce case.
One of the top legal concerns an attorney can assist with during a divorce case is the division of assets and debt. Texas is one of several states that divides assets and debts subject to community property laws. This means real or personal property—as well as liabilities acquired during the course of the marriage—can be divided between each spouse.
The final allocation of assets and debt may not be exactly equal, but it should be fair. The court may consider numerous factors when dividing property during divorce, including the financial situation of each party, their health, and whether fault exists in leading to the dissolution of the union. It is beneficial to have an attorney throughout this process who could help ensure all marital property is identified and distributed fairly.
Another key legal concern in divorce cases is child custody, which involves how parenting time as well as decision-making responsibility will be divided between each parent. The child’s best interests is always the most important factor that the court considers before approving a proposed child custody agreement. However, there is a wide range of evidence that can be used to support a parent’s suitability.
Matters involving child support and spousal support are points of debate in many divorce cases. Child support is typically paid by the parent who does not have primary custody of the child. The determination of the amount of child support revolves heavily around the income of each parent, the needs of the child, and the underlying custodial arrangement. Spousal support is not always paid following the dissolution of a marriage, but it may be awarded upon the agreement of both parties or at the court’s discretion.
When you are considering divorce as an option, you may feel overwhelmed and unsure of what comes next. Fortunately, a Frisco divorce lawyer can take the reins, so you can focus your energy on the transition to this next phase in your life.
Our team ensures every aspect of your case gets the attention it deserves while zealously advocating for your interests. Whether you are in a negotiation setting or in the courtroom, you will feel supported every step of the way. To speak with a dedicated advocate about your legal rights and options, call our office today.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
