Divorce

Southlake Divorce Attorney

Helping You Navigate Divorce with Confidence

At the Law Office of Mark M. Childress, we are here to guide you through the divorce process in Texas. Whether you are simply considering your options, or you and your spouse have already decided whether to pursue a contested or uncontested divorce, our team prioritizes personalized strategies to ensure the divorce ruling protects your rights and interests.

Our Southlake divorce lawyers can help you address the following matters:

Divorce often brings a lot of uncertainty and questions about your child’s future, asset division, and finances. During our collaboration, our attorneys are happy to answer any questions you may have, whether at our office or via email or phone.

Are you considering divorce in Southlake, TX? Contact The Law Offices of Mark M. Childress, PLLC today at (817) 497-8148 to schedule a consultation. Se habla español!

How to Get a Divorce in Texas

Residency Requirements

The state of Texas does not require you and your spouse to have lived separately before filing for divorce. However, one of you must have lived in Texas for at least six months and been a resident of the county you are filing in for a minimum of 90 days.

Understanding these residency requirements is crucial, as filing in the wrong jurisdiction can delay your proceedings. If you or your spouse have recently moved, waiting until these criteria are met might be necessary before starting the legal process.

Grounds for Divorce: Fault vs. No-Fault

When filing for divorce, you must include an acceptable ground for the dissolution of marriage.

Statutory grounds for divorce in Texas are:

Cruelty
Adultery
Felony conviction with at least one year of imprisonment and without
Abandonment of at least one year
Living apart for at least three years
Mental hospital confinement in a public or private institution for at least three years without any likely adjustment in the future
Insupportability that prevents “reasonable expectation of reconciliation.”

Our divorce attorneys in Southlake can help you determine which ground(s) fit your situation. If you are considering a no-fault divorce, only insupportability is acceptable.

Choosing the appropriate ground for your divorce can significantly affect how the process unfolds, including financial and custody considerations. Discussing these options with a divorce lawyer near you can ensure you make an informed decision that aligns with your circumstances.

Filing a Petition for Divorce

If you meet the residency requirements, the following steps are:

Filing an Original Petition for Divorce within the county where either party currently lives
Serving the petition to your spouse through a process server, sheriff, or constable who would have no personal gain from your case
Waiting for your spouse or respondent to file an answer within 21 days of reception

If your spouse does not respond within the mandatory timeframe, you may proceed with the divorce process.

Filing a petition initiates formal proceedings, setting the stage for negotiations or trial. Proper filing is crucial for a swift process, and any missteps can be rectified by discussing case particulars with seasoned divorce attorneys in Southlake who are familiar with local court practices.

The 60-Day Waiting Period

Texas has a 60-day waiting period before a judge can issue a final divorce decree. A judge may waive this waiting period under exceptional circumstances that involve a conviction of domestic violence or an existing and active protective order.

If both parties find an amicable and mutually beneficial agreement on all issues, the judge can finalize your divorce after 60 days. If you cannot resolve issues peacefully or need additional time, a divorce can take six to twelve months.

This procedural waiting period allows both parties to reflect and consider all implications. It is a vital time for gathering financial documents, preparing parenting plans, and finalizing agreements. During this period, a Southlake divorce lawyer can provide strategic counsel to facilitate a smoother and more secure transition.

Uncontested vs. Contested Divorce

If you and your spouse agree on all aspects of your permanent split, you may opt for an uncontested divorce. This usually means fewer costs and a quicker finalization of marriage dissolution outside of the state's 60-day waiting period.

The state of Texas has the following eligibility criteria for uncontested divorces:

Neither spouse has an active bankruptcy case
You do not share minor children
You do not own property together
You do not have retirement benefits to divide
Neither spouse is seeking alimony payments

Even if you pursue an uncontested divorce, we recommend that you hire an attorney to ensure that the agreement protects your rights and assets. At The Law Offices of Mark M. Childress, PLLC, our attorneys can thoroughly evaluate your situation and tailor recommendations to help secure a positive future for you and your family.

If your case involves minor children, you may choose an “agreed divorce.” This means that you and your spouse agree on all matters about your divorce and that no previous court orders for child or support already exist.

When spouses cannot agree on one or more issues, Texas considers your divorce a contested one. If you go through this process, our attorneys advocate for you at every step and help you reach your goals. We tailor our advice to your specific situation to what you and your children need.

An uncontested divorce can reach a settlement outside of the courtroom, which may include mediation if you and your spouse need a neutral third party to help you communicate and negotiate. In the event your divorce goes to trial, we continue to work with you through the litigation process.

Contested divorces may require extensive negotiation and court intervention, making it crucial to have a Southlake divorce lawyer by your side to navigate complex legal proceedings. Working with a dedicated attorney can safeguard your interests, particularly concerning child custody and property division.

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"My questions were heard and answered without having to ask twice."
Value a capable team with experienced staff. For the past 9 months, the folks at the Law Offices of Mark Childress handled my case with class and empathy. My questions were heard and answered without having to ask twice. I felt like I was kept in the loop and always briefed properly. As I move forward with other ventures I wouldn't be surprised if we crossed paths again. And hats off to Konner, THANK YOU!

- Cody C.
"Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client."
I needed an attorney who would stand up for me and my child during a very hard time. Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client. He was very knowledgeable not only about the law but about the opposing attorney and the judge. He prepared me well and we won our case. I would recommend Mark Childress to anyone who is fighting for custody or in need of child support.

- Kelley C.
"I highly recommend him and his staff. They are courteous, prompt and they care."
I called in inquiring about a divorce and how it all happens. I had 2 people call me back within an hour and in an hour maybe 2 I was talking with the lawyer. I highly recommend him and his staff. They are courteous, prompt and they care. Divorce is the hardest thing we will go through minus losing a kid and his team will be retained. He even called me back himself the next day to see how I was. Great service.

- Bobby N.
"This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years."
This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years. He had my case figured out in 1short conversation and had what he called "a convoluted mess" fixed. I'm pretty sure my ex felt like he'd been hit by a bus. My family is finally in tact and everyone is finally happy.

- Heather S.

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Common Mistakes to Avoid During Divorce

Letting Emotions Dictate Your Decisions

Various emotions, ranging from anger to sadness, can flood you at many points in the divorce process. They can be challenging to manage at times, and when they get out of control, they can overwhelm you. Being overwhelmed by emotions can make thinking through an important decision with logic much more difficult.

When you feel overwhelmed or start to spiral, it's essential to lean on your Southlake divorce lawyer. Your attorney can help you process your feelings and guide you as you move forward. Though divorce can be difficult, your attorney has helped countless others work through similar issues and can do the same for you.

Ensure that your decisions are informed by facts and legal advice rather than transient emotions. Regular counseling sessions, journaling your thoughts, or joining a support group can assist in maintaining emotional steadiness and safeguarding your future through sound, strategic planning.

Aiming for Revenge

It’s always difficult to see a marriage end, especially when it’s your own. You may not be on the greatest of terms with your spouse, which is understandable. However, some relationships end in an even more dramatic fashion, and in those situations, it’s common to see one party seek revenge through various legal actions.

Some people have dug their feet in the ground and refused to come to the negotiation table, while others aim to drag out the time in court as long as they can to increase the cost to their spouse. What they do not realize is that it also increases the time they spend in court as well as the associated costs.

While it might be tempting to seek revenge through any means you can, doing so can pose a greater risk to your own side of the case.

Channeling energy from negative emotions into constructive problem-solving can transform the divorce process into a platform for personal growth. Seeking revenge not only extends the proceedings but also leads to unnecessary legal costs and emotional tolls. Consult with a trusted divorce attorney to ensure your decisions align with a future-focused mindset, free from counterproductive behaviors.

Failing to Plan for a New Financial Future

Many changes to your life come with divorce, and one area of life that may experience the most change is your finances. When your divorce decree is finalized, you lose your spouse’s income. Additionally, depending on how assets and debts are divided, you may have additional expenses on your plate.

Failure to plan is like planning to fail, so it’s important to have a plan for your finances going into the divorce process.

To prepare for financial independence post-divorce, it's advisable to work with a financial advisor who can help you create a budget and identify potential income streams. Clarifying your financial landscape early can prevent future difficulties and enable a comfortable transition into single life.

Working with the Wrong Divorce Attorney

Your divorce attorney is a critical resource for your case. First, you do not want to go through a divorce alone. While you may have some general understanding of the divorce process, it’s likely that you may not fully comprehend the nuances and finer details of the process.

Working with a divorce lawyer brings expertise when you need it.

Additionally, your attorney can help you negotiate a settlement. It’s becoming more common to see divorces end via a negotiated settlement agreement, and you will want someone by your side who can remain cool in tense situations to help you come to an agreement that is fair.

Choosing the right attorney can significantly influence the divorce outcomes and your future. Opt for a legal representative who demonstrates both proficiency in family law and empathy towards your personal circumstances. A dedicated divorce lawyer near you should offer not only legal insights but also emotional support, making the process less cumbersome.

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Reasons to Avoid a DIY Divorce in Southlake

While it may be tempting to handle your divorce yourself (i.e., without the help of a divorce lawyer), there are many potential risks to a “DIY” divorce.

Divorce Is Difficult to Navigate Alone

First, divorce involves complex legal processes, including the division of assets, child custody arrangements, and financial support agreements, which can be challenging to navigate without legal expertise. A divorce lawyer can provide invaluable guidance, protecting your rights and interests.

Doing it alone increases the likelihood of oversights that can lead to future legal complications. Mistakes in initial agreements may necessitate costly corrections and leave both parties dissatisfied with the outcome.

Mistakes Are Common in DIY Divorces

Additionally, DIY divorces often result in incomplete or incorrect paperwork, leading to delays, disputes, or needing to redo the entire process. Moreover, emotions can run high during divorce proceedings, and having a lawyer to handle negotiations and communications with your spouse's legal representation can help reduce conflict and stress.

An attorney's role extends beyond filing forms; they represent a buffer against tension and potential conflict escalation, fostering a more harmonious dissolution of marriage.

A Lawyer Can Help You Cover All Bases

Finally, a lawyer can help you anticipate and address potential issues that may arise in the future, such as modifications to custody or support agreements, providing long-term peace of mind. While it may seem cost-effective to pursue a DIY divorce, the potential risks and complications far outweigh any short-term savings, making professional legal representation essential for a smoother, more successful outcome.

To summarize, reasons to avoid a “DIY” divorce include:

Incomplete or incorrect paperwork, leading to delays or disputes.
Lack of legal expertise may result in unfair asset division or custody arrangements.
Emotional stress and conflict may escalate without professional mediation.
Future issues, such as modifications to agreements, may be overlooked.
Long-term complications and costs can outweigh short-term savings.

How Much Is a Divorce Lawyer in Southlake?

The cost of hiring a divorce lawyer can vary significantly depending on several factors, such as the case's complexity, the lawyer's experience and reputation, and the location. Generally, a divorce lawyer in Southlake will charge an hourly rate; however, some law firms charge a flat fee for handling the divorce process.

Additional expenses may be associated with a divorce case, such as court filing fees, mediation fees, expert witness fees, and deposition costs. These expenses can add up quickly, increasing the overall cost of the divorce.

If you are considering a divorce, discussing any lawyer fees and potential additional costs upfront before hiring a divorce attorney is essential.

While hiring a divorce lawyer can seem like an added financial burden initially, it often saves money in the long term by ensuring a fair settlement and preventing costly legal errors. Additionally, consulting with a lawyer offers predictable cost structures through transparent fee agreements, aiding financial planning.

Contact Our Southlake Office

Located at:
4215 Camp Bowie Blvd.,
Fort Worth, TX 76107

Call: (817) 497-8148

Contact The Law Offices of Mark M. Childress, PLLC, today at (817) 497-8148 to schedule a consultation with our divorce lawyers in Southlake. Se habla español.

Exceptional Legal Representation

Direct Access To Your Attorney

Our Attorneys personally handle each case themselves. You will have direct access to your attorney to be able to get the answers that you need.
Transparency
Honesty and transparency are critical in building trust with your attorney. You will always know what is going on with your case every step of the way.
Team Oriented

At our firm you're not just a case number, our staff will always know the status of your case and help to make your situation more manageable.
Personalized Approach
Our team understands that no two cases are the same. Your strategy will be tailored specifically to you and your family's goals.