THOUGHTFUL DALLAS ATTORNEYS

Dallas Texas Divorce Attorneys

Divorce does not have to just be the negative conclusion of a relationship, it can also be the exciting beginning of a new chapter in a life with more memories to make, more joy to experience and more opportunity before it. It’s because the transition into that next chapter is so important that the family law attorneys at Ball Morse Lowe do what we do. We facilitate big change.

By all accounts, breakups within a family are some of the most emotionally charged and difficult legal issues for anyone to deal with in the law, especially when children are involved. Divorce, child custody, child support and division of marital property are sometimes hard-

fought battles, which is why you need a strong legal team at your side through a divorce or separation.

At Ball Morse Lowe, our goal is to help every client effectively manage the minefield of divorce so they feel empowered to face the future with confidence and optimism.

We emphasize a more collaborative approach when one is available, and even when it’s not, we believe that professionalism and compassion shouldn’t be dismissed for the sake of zealous advocacy. We approach every case as if it will be amicably resolved, and we prepare for every case to go to trial. We are family law attorneys.

Divorce in Texas

Texas is a “no-fault” divorce state, which allows a couple to split on the grounds that they simply no longer get along. There are other reasons for divorce recognized by Texas law (such as cruelty or abandonment), but most cases filed are granted on the basis of conflict of personalities that make the marriage insupportable.

In order to meet Texas residency requirements for divorce, the petitioner must have been a resident of the state for at least six months prior to filing, and a resident of the county for at least 90 days. Failure to meet these residency requirements will most likely result in dismissal of the petition on the basis of lack of jurisdiction.

Once a divorce is filed in the county of the filer’s residence, a 60-day waiting period will be enacted before the divorce can be finalized. One or more hearings are typically held before the end of the waiting period, and if both parties were able to reach agreements in that time, those agreements can be secured in writing with the court before the waiting period is up.

Texas Divorce Lawyers

You have choices when it comes to how your case proceeds. You can file a divorce petition and proceed to litigation and have a trial before a judge. You could mediate your case and work toward an amicable resolution without need for extensive litigation. You can conduct the divorce within a collaborative process which provides that the case will not proceed to court without all of the attorneys withdrawing from the case. And you could have an agreement in place before the divorce starts, making the process the easiest it can be. Our family law attorneys have handled cases within all of these processes and are prepared to assist you in proceeding with your divorce based on your own circumstances.

Divorce Litigation

Texas divorce cases begin by filing a Petition with the court initiating the divorce process. There may be a hearing to enter Temporary Orders within the early months of the case, setting forth how you and your spouse will conduct business, share parenting time and responsibility, set support requirements, and address necessary issues to preserve the peace between he parties during the divorce. A parenting plan will likely be entered early on in your case, and an order will likely be entered by the court governing deadlines, dates, and processes for moving your case along to trial. If you and your spouse are unable to work out the relevant issues discovery will begin and information will be exchanged relating to your marriage, your career, your personal life, your parenting traits, finances, etc. The discovery process can be the most time consuming and expensive portion of your divorce case. At the end of the discovery phase the case will proceed to trial where all of the evidence relevant to your case will be presented for a judge to determine property division, support, child custody, parenting time, and other issues that may need to be determined regarding your divorce.

Collaborative Divorce

A collaborative divorce is designed to provide an amicable and more wholistic approach to resolving your divorce without the need for court intervention. Within a collaborative divorce, the parties, their attorneys, and their neutral experts, agree to how the process will be conducted at the beginning by executing a Collaborative Law Participation Agreement that sets forth the terms of the process and the mutual assurances that the parties will work in good faith to resolve their divorce issues outside the courtroom. The process involves a series of joint meetings, use of neutral financial and mental health professionals, and assurances by the attorneys for transparency of the issues. The collaborative divorce process is highly suggested when the parties are capable of discussing issues and abuse is not an allegation in the case. For more information on the collaborative divorce process contact the family law attorneys at Ball Morse Lowe today.

Mediated Divorce Agreement

Most every case is mediated at some point in the litigation process either by agreement or by order of the court. Mediation is an alternative dispute resolution process that brings the parties together with their attorney and a neutral mediator who’s sole goal is to see the parties reach an agreement on the issues that are being litigated in the case. Mediation can occur early in a case, or even before litigation commences, or it can occur later after discovery has been completed. Mediation is an important step in the divorce process and will be utilized by the attorneys at Ball Morse Lowe in most litigated cases. The family law attorneys at Ball Morse Lowe are experienced with the mediation process and are prepared to assist you in successfully mediating your divorce and custody case.

Texas Commonly Asked Divorce Questions

Ball Morse Lowe is here to provide information and assistance so you will be more educated as to divorce in Texas. While some questions may remain contingent on your unique situation, we want to guide you through the divorce process and outline how we can fully assist you with your particular needs. View our Frequently Asked Questions and call us at (214) 272-0964 so we can counsel you through every step of your divorce. 

 How do I get a divorce in Texas?  

A divorce in Texas is granted in a number of circumstances, including adultery, fraud, cruel treatment, abandonment, incarceration, and confinement to a mental institution for at least three (3) years. Most divorces are granted on a “no-fault” basis, meaning the marriage is not supportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage. 

 When can I file for divorce?

One party may file for divorce in Texas at any time so long as they have been a resident of Texas for 6-months and have been domiciled in the county in which the case is filed for 90-days. It is important however that you have a plan and know what will come next when filing for divorce. We recommend you seek legal counsel prior to filing to ensure your rights are protected throughout the divorce process.  

 How much does a divorce cost?

The fees associated with Divorce cases in Texas will be based on the complexity of the case and the issues involved. Divorce cases can range significantly in terms of overall cost. The circumstances of the marriage and the relationship of the parties and what issues are at stake such as minor children, custody, property disputes, support alimony, business divisions, and other issues will impact the cost of the case. 

 How long does a divorce take? 

Texas imposes a mandatory waiting period of sixty (60) days before a divorce may be granted. However, cases with contested issues such as custody of minor children and property division may take a significantly longer time, therefore, you should consult with an attorney to identify the issues in your case that may prolong the litigation.    

Can I get a legal separation in Texas?

No. There is no provision in Texas law for a legal separation. 

When do I need an attorney in a divorce? 

If your divorce is completely amicable and every issue has been agreed to beforehand, you may be able to navigate the divorce process without an attorney, however, that is not advised. It is very wise to have an attorney by your side. If your case involves minor children, an attorney is recommended to ensure that custody and visitation rights are properly established.

How do I get a divorce granted? 

A divorce is granted at the conclusion of two scenarios, (1) you and your spouse come to an agreement, or (2) a trial judge issues a decree divorcing you. Most divorces will require at least one visit to court. 

 Do I have to go to court? 

There will likely be a mandatory proceeding that requires attendance. However, most cases will not proceed to trial and can be finalized with a procedural hearing before the judge.  

Can I get maintenance? Will I have to provide alimony to my spouse? 

Maintenance in Texas based on reasonable need. The seeking party must prove that there will not be enough to meet his or her minimum reasonable needs after the division of property. Furthermore, Texas law requires that at least one of the following is proven in order to receive maintenance:  

1. The marriage lasted ten (10) years or longer; 
2. The other spouse has committed family violence; 
3. During the marriage the seeking party has an incapacitating disability; or 
4. A child of the marriage has a physical or mental disability that prevents the seeking spouse who cares for and supervises the child from earning significant income. 

Can I get an annulment in Texas? 

Yes, but you must prove one of a number of circumstances existed. If you were under 18 at the time of your marriage without your parent’s consent, or if you entered into the marriage under fraud or duress you can likely get an annulment. A marriage may be annulled if at the time of the marriage the party seeking the annulment was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage and that party has not voluntarily cohabitated with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended. In very limited and certain circumstances, you may be granted an annulment in Texas. Also if you didn’t possess the mental capacity to enter into the marriage at the time, or if your spouse hid the fact they got divorced within 30-days of your marriage and you didn’t know it and your annulment petition was filed within a year of the marriage, in addition to other avenues for annulment. It is recommended that you consult an attorney should you believe an annulment may be available to you.

When can I change my name during a divorce?  

You may restore your maiden name upon entry of the final divorce decree. If you fail to change you name at that time, you will be required to later follow the more comprehensive process for changing a name in Texas.  

Following a divorce, when can I remarry, or start dating? 

In Texas, you are restricted from remarrying for thirty (30) days after a divorce decree.  

What if my spouse does not want the divorce? 

Texas is a “no-fault” divorce state, therefore Texas courts are able to grant a divorce upon either party petitioning the court, regardless of whether or not the opposing party chooses to participate. 

How long do I have to be living in Texas to get a divorce? 

You must live within Texas for six months prior to the filing of the divorce petition.  One party must also reside within the county where the case is filed for at least 90-days prior to the filing.

Can I move out of Texas after a divorce? 

This is a case-specific issue. If your case involves minor children, your custody order may restrict you to living in Texas unless the parties or the court determine otherwise. If your case does not involve minor children, you will be free to move. However, you may still be subject to Texas jurisdiction for divorce proceedings so it is recommended that you consult an attorney before proceeding with a relocation. 

How do I prove fault for divorce? 

In Texas, fault is proved through evidence establishing the opposing party has engaged and/or committed adultery, abandonment, fraud, cruelty, imprisonment, has convicted a felony, is living separate, or other scenarios you may discuss with one of our attorneys.   

When can a parent change a child’s name without the other parent’s permission? 

Never – a parent cannot change a minor child’s last name without the express permission of the other parent or an order from a court with jurisdiction over the matter.

Can a couple become legally married by living together under Texas laws (common law marriage)? 

Common law marriage is possible in Texas and certain requirements must be met in order for a court to determine that a common law marriage exists between the parties. Importantly, in order to terminate a common law marriage, spouses in Texas must go through the formal divorce process.