Texas Divorce Attorney Serving Denton, The Colony, Farmers Branch, Carrollton, Lewisville, Frisco, Little Elm, and Flower Mound
Even when both spouses are on the same page, going through a divorce is a stressful and often trying experience. You are breaking up with the love of your life. Even agreed divorces require going to court, and often legal issues arise that the parties had not anticipated, necessitating uncomfortable – if not contentious – discussions and decisions.
When the spouses are not on the same page on issues of property division, child support, spousal support, child custody, visitation, and other key issues, a divorce can result in lengthy, tense, and difficult negotiations, and in many cases full-blown litigation. As a result, individuals going through a divorce in Denton, Lewisville or Flower Mound should hire a knowledgeable divorce attorney who is experienced in negotiating and litigating Texas divorce disputes. Even if your divorce can be resolved amicably, you will feel better knowing you have a trustworthy advisor on your side because you still have to navigate the legal system and understand what the Judge expects you to say and do when you are in court.
Helene Parker is a passionate Lewisville family law attorney with more than 16 years of experience handling divorce disputes and related family law matters. She represents clients in Denton, The Colony, Farmers Branch, Carrollton, Dallas, Lewisville, Little Elm, Corinth, Frisco, and Flower Mound in both agreed and contested divorce cases.
Legal Representation for Texas Divorces
Aside from collaborative law divorces, there are two main types of divorce proceedings in Texas: agreed divorces and contested divorces. Both types may be either “no-fault” (termed “conflict of personalities” in Texas), or based on conduct by one or both spouses that justifies seeking a fault-based divorce. Texas does not recognize legal separation, such as in some states like New York or California. In Texas, you are either married and seeking a divorce or you are not. In Texas, “fault” divorces are generally based on:
- Cruel treatment or domestic abuse
- Incarceration (for more than one year) or institutionalization (for more than three years)
- Living apart for more than three years
- Wasting of community estate or fraud
Agreed divorces generally occur only when the couple has no children and settles on a mutually-acceptable division of property. Although there are couples with children who do seek an amicable divorce, they require assistance with issues regarding child support, visitation, medical insurance, and conservatorship rights. When the parties have differences as to these and other issues, the divorce will be contested and require either litigation or other dispute resolution proceedings.
Helene Parker & Associates, L.L.C. also has particular experience representing parties to military divorces and domestic partnership dissolutions.
Issues to be Resolved in Texas Divorces
In finalizing a divorce, the spouses will need to either come to terms on, or allow a judge to decide, how to handle a number of different issues. These include:
- Temporary possession of certain assets during the divorce proceedings
- Temporary conservatorship rights over children
- Temporary spousal support, child support, medical support
- Property division
- Liability for mortgages, loans, and other debts
- Medical insurance
- Spousal support
- Child support
- Child custody and visitation rights
With regard to property division, Texas is a “community property” state. What this means is that any property/assets acquired during the marriage shall be presumed community property and therefore shared equally between the parties. This presumption can be rebutted by evidence to show that certain property acquired during the marriage is not a community property but a separate property of one of the parties. Generally, the courts will divide community property equally between the parties, but there are various factors and circumstances (including pre-marital ownership, inheritance, unequal earning power, and fault in the divorce) that may justify a disproportionate distribution. Thus, in Texas, the courts have power to divide community property in a just and right manner.
Military divorces involve additional issues. Read more about Texas military divorce.
Mediator for Texas Divorces
In addition to zealously representing spouses in divorce proceedings, Lewisville Divorce attorney Helene Parker also serves as a family law mediator to help couples resolve their divorce-related disputes out of court. Mediation is often preferred to litigation due to privacy,efficiency, reasonable costs, and reduced formalities. Mediation can be used both to resolve entire divorce disputes and to reach agreements on discrete issues. Click to read more about Helene Parker & Associates, L.L.C.’s family law mediation services.
Texas Collaborative Law Divorces
For divorcing couples able to resolve their issues amicably, Texas collaborative law provides an alternative solution to adversarial divorce proceedings. Read more about Texas collaborative law.
Contact a Lewisville Divorce Lawyer Today
To speak with a Lewisville divorce attorney about filing your agreed divorce in court or obtaining legal representation for your contested divorce, contact Helene Parker & Associates, L.L.C. today. We serve clients in Denton, Dallas, Flower Mound, Corinth, The Colony, Farmers Branch, Carrollton, Little Elm, Frisco, Lewisville, Flower Mound, and surrounding areas.