Dallas Divorce Attorney

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Filing for divorce is a huge decision. This legal process will effectively separate you from your spouse. This may be your goal, but you should also recognize that a divorce will alter your family unit and living conditions drastically. That is why it is important that you hire a Dallas divorce lawyer to lead you through this process.

Grounds for Divorce in Texas

Texas recognizes divorces on fault or no-fault grounds. No-fault divorces are those that occur because of "irreconcilable differences." Most divorces in Texas fall into this category. To achieve a no-fault divorce in Texas, you are required to live apart without cohabitation for at least three years. At-fault divorces occur when the spouse filing for divorce can list a specific, qualifying reason for the divorce. Some legitimate at-fault claims include confinement in a mental asylum, a felony conviction, adultery, cruelty, or abandonment.

Divorce Procedure in Texas

After determining fault, you will need to file your divorce petition in a Texas court. If you are the filer, then you will need to make sure that papers are served to your spouse to notify him or her that the petition has been filed. Your spouse can either sign the petition to proceed with an uncontested divorce or can file a counter-petition with different terms. From there, the couple will go to court if necessary to discuss any future arrangements and terms of the divorce.

Some of the decisions that need to be made during the divorce process include:

• Property division: Texas is a community property state, so the judge will divide marital property equally between spouses. Separate property, which is property that was acquired before marriage, will not be subject to division.
• Child custody: Child custody plans determine where the children will live post-divorce.
• Visitation: Visitation schedules are court-ordered plans that allow a non-custodial spouse to see his or her children regularly.
• Child support: These payments are made from a non-custodial spouse to the custodial spouse to care for the children.
• Alimony / spousal support: In Texas, alimony is only given to spouses with disability, custodial parents with a child who has a physical disability, or for other reasons when a person cannot provide for him or herself.

We Can Help You Through the Divorce Process!

From start to finish, a lawyer from Holland & Martin, PC can provide the representation that you need. Depending on the circumstances of your divorce, you may need assistance handling your situation.