- Discovery: Both parties exchange financial information and relevant documents in a process called discovery. This helps in the division of property and determination of child custody and support.
- Mediation: Many Texas courts require mediation to resolve child custody and property division disputes. Mediation allows both parties to work with a neutral mediator to reach an agreement.
- Trial: If an agreement cannot be reached through negotiation or mediation, the case will go to trial. Each party presents their case to the judge, who then makes decisions on issues such as property division, child custody, alimony, and child support.
- Final Decree of Divorce: Once the judge has made decisions or the parties have reached an agreement, a Final Decree of Divorce is prepared and signed by the judge. This document finalizes the divorce, and both parties are legally divorced.
- Post-Divorce Matters: After the divorce is finalized, both parties must adhere to the terms of the divorce decree. This may include ongoing child custody and support arrangements, spousal support, and property division as outlined in the decree. However, modifications can be requested.
Ensuring thorough understanding and documentation during each step of the process can avoid potential conflicts or misunderstandings later. Gaining insights from a knowledgeable divorce lawyer in Arlington can provide clarity and assurance that your interests are safeguarded.
Fault vs. No-Fault Divorce in Texas
If you and your spouse have reached the end of your marriage, you may wonder, “Is Texas a no-fault divorce state?” The answer is yes. Individuals in Texas can choose between a no-fault or fault-based divorce.
No-Fault Divorce
Texas allowes for no-fault divorce, which means the party filing does not need to prove that the other spouse did something wrong. It’s enough to declare that the couple cannot get along or has “irreconcilable differences.” The two spouses agree that they do not want to be married anymore and jointly agree to file a no-fault divorce, formally stating that neither party is to blame for any misconduct that caused the marriage to end. This is typically the most common type of divorce in Texas.
Fault-Based Divorce
In cases where the couple does not agree on the separation, it may be necessary to seek a fault-based divorce. The person filing will allege that their spouse has done something to make the marriage no longer work. These are most often seen when there have been instances of domestic abuse or cheating. However, before asking the court for a fault-based divorce, it’s essential to understand that you must have sufficient proof that your marital situation warrants a divorce based on the reasons (grounds) you are alleging. In other words, if you can’t prove it, you can’t file for divorce for that reason.
In Texas, grounds for a fault-based divorce can include:
- Adultery
- Cruelty
- Felony conviction and a spouse is imprisoned for at least one year
- Abandonment by one spouse for a minimum of one year
- Separation and living apart for at least three years
- Confinement to a mental hospital
When you file for divorce using fault, you’re telling the court that your spouse’s actions and misconduct led to the end of your marriage. Your spouse can contest the divorce based on your grounds if they disagree, so it’s crucial that you can prove it by providing testimony and evidence.
Opting for a fault-based divorce can potentially affect the terms of the divorce settlement, especially in areas like alimony and property division. It can also be more time-consuming and emotionally taxing, so careful consideration and legal counsel from a divorce lawyer in Arlington are imperative.
Child Custody
In Arlington, child custody arrangements are designed to reflect the children's best interests. Texas favors joint custody arrangements, known as joint managing conservatorship, where both parents share decision-making responsibilities for the child. However, the primary residence may still be awarded to one parent.
Factors considered in custody decisions include the child's needs, each parent's ability to meet those needs, and any history of family violence or neglect. An Arlington divorce attorney can provide insight into how these factors might influence specific custody decisions and work to ensure that any custody arrangement prioritizes the child's health, safety, and emotional well-being.
Divorce & Property Division
Residents of Arlington undergoing a divorce must also consider the division of marital property. Texas is a community property state, meaning assets acquired during marriage are typically divided equally, regardless of whose name is on the title or deed. Property division can become particularly complex in divorces involving high-value assets such as real estate, businesses, or retirement accounts. An experienced Arlington divorce lawyer can help identify all marital property, accurately value assets, and propose a fair division that accommodates both parties' needs while adhering to state laws.
Frequently Asked Questions
How Long Does the Divorce Process Take?
On average, a divorce in Arlington can take anywhere from six months to over a year, with the timeline largely dependent on whether the divorce is contested or uncontested. Texas law mandates a 60-day waiting period after filing before a divorce can be finalized. Cases involving complex issues such as custody disputes or significant asset division may extend the duration significantly.
Can You Change a Divorce Decree in Arlington?
Yes, modifications to a divorce decree can be requested in Arlington if there has been a significant change in circumstances. This applies to areas such as child custody, child support, or alimony. An attorney familiar with local family laws can assist in presenting a compelling argument for modification to the court.
What If My Spouse Is Uncooperative During the Divorce?
An uncooperative spouse can slow the divorce process, but some steps can be taken to keep matters moving forward. In such cases, having a seasoned divorce lawyer in Arlington can ensure your rights are protected and that the necessary legal measures, such as motions to compel, are taken to address any delays.
Is Mediation Mandatory in Divorce Proceedings?
While not always mandatory, mediation is a favored approach in Arlington divorce proceedings as it encourages amicable resolutions outside of court. Should both parties agree, mediation can lead to a faster, cost-effective settlement compared to traditional litigation.
How Can a Lawyer Help in High-Conflict Divorces?
In high-conflict divorces, a skilled attorney can provide strategic guidance, manage communications, and represent your interests aggressively to ensure a fair outcome. They can help navigate complex emotional landscapes, legal challenges, and negotiations to arrive at a resolution that protects your interests.
How to Find the Right Divorce Lawyer in Arlington
If you're filing for divorce, you may be dreading the process of finding an attorney for your matter. Interviewing lawyers before you make a commitment can help you find the perfect law firm for your needs. Knowing what questions you should ask an attorney can help make the process even easier.
What's Your Pricing Model?
Different pricing models work for different clients. Ask your attorney questions such as:
- Do you do flat-fee pricing, or do you use hourly fees?
- Do you provide unbundled representation service packages?
- Do you charge different prices for contested and uncontested divorces?
- What would you estimate the cost of my divorce to be if everything went perfectly?
This can help you identify whether an attorney you're considering uses a pricing model that will fit your budget. Getting a divorce can cost a substantial amount of time and money, especially if you're filing for a contested divorce, so understanding your options and working with an Arlington divorce attorney who's in your budget is important. Having clarity on the financial aspects of your legal representation not only aids in planning but also reduces unexpected stress during the divorce proceedings.
Do You Get Along? It's Time for a Gut Check
You should get along with your attorney on a personal level, as well as a professional one. In family law matters, your relationships with family members may be on the line, at least to some degree. If your attorney has similar values to you or is willing to go the extra mile to let you know they care about you as a person and your well-being, chances are, you'll feel better about having them on your case - and peace of mind counts for a lot in family law matters. Choosing a lawyer you genuinely connect with can enhance the communication and collaboration necessary for effectively managing your case.
How Would You Handle This Situation?
You want to ask this question for a couple of reasons. First, it ensures you get an attorney on your side who won't sugar-coat things, which is crucial. You never want to feel like your lawyer is telling you your situation will be easier to solve than it really is, or like they're lying to you about your likelihood of getting a good outcome.
Second, different attorneys will favor different ways of approaching matters in the courtroom. For example, some attorneys may advocate for mediation, working toward a more amicable resolution. Other attorneys thrive in the courtroom, where they can aggressively pursue their client's interests.
If you want to stay on good terms with your spouse post-divorce, the second attorney may not be a great fit for your needs, and vice versa. Choosing a lawyer whose strategies align with your preferred methods of conflict resolution is a great way to try and ensure you pursue the best possible outcome.
Call Now for the Support & Guidance You Need
At the Law Office Of Mark M. Childress, we understand that divorce is a life-altering event, and we are dedicated to helping our clients navigate this difficult journey with care, competence, and professionalism.
Attorney Mark M. Childress has established a strong reputation as an Arlington divorce lawyer who is committed to achieving the best possible outcomes for his clients. With years of experience in family law and a deep understanding of Texas divorce laws, Mark and his team are here to provide the legal guidance and support you need. No matter what your situation, we can help. We offer a full spectrum of legal services, including appeals. Our goal is to help you get through your divorce as smoothly and stress-free as possible.
We will take care of the details so you can focus on your family. To learn more about how we can help you, call us at (817) 497-8148 or contact us online.
