Divorce

Divorce

Contested and Uncontested Divorce Attorneys in Collin, Dallas, and Denton Counties.

Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas.

Contested and Uncontested Divorce Matters in Texas

Divorce can be one of the most emotionally difficult times in a person’s life. Even if you are the party who wants to initiate the divorce, the fear of the unknown can be daunting. Questions about where you will live, how the bills will be paid, what happens to your property, and much more, will cross your mind. And if children are involved, the questions and stress will be magnified. Understanding your legal rights and options is the first step to navigating the divorce process.

The Texas family law lawyers at Grinke Stewart Law, PLLC, have extensive experience handling contested and uncontested divorce cases. We help to ease the anxiety of divorce on our clients by devising the best strategies to protect them and their families.

Uncontested Divorce in Texas

Uncontested divorce is a way to avoid the perils of litigation. Instead of leaving the most important decisions about your family to the hands of a judge or jury, you and your spouse can work together to come up with agreements that are better suited for your family’s needs. Foregoing litigation and reaching agreements with your spouse can save money, accelerate how long it takes to get divorced and reduce stress on you and your family.

During an uncontested divorce, the spouses will reach agreements outside of court on all of the terms to be included in their divorce decree. These include:

• The grounds for the divorce (see below for an explanation of the grounds for filing for divorce in Texas);
• Division of property, including all debts and assets subject to division;
• Child custody, including determination of the custodial parent between the spouses and creation of a parenting plan with a Possession and Access Schedule;
• Child support, including which parent will pay child support and how much he or she will pay; and
• Spousal maintenance, including whether it is needed, which spouse will pay, how much he or she will pay, and how often/in what manner he or she will pay.

There are several options for settling your case outside of the courtroom and coming to an agreement on these terms to avoid litigation. This process is known as alternative dispute resolution. Examples of alternative dispute resolution include informal settlement negotiations, mediation, and collaborative divorce.

Uncontested divorces can often save the parties time and resources, though every couple should understand the process will still take considerable work and might not cost less. Our attorneys are experienced in utilizing alternative dispute resolution to accomplish our clients’ goals, and we can help you decide what options are best for your situation.

Contested Divorce in Texas

Contested divorce is the other option for divorce when spouses are unable or unwilling to settle their differences outside of the courtroom. This more traditional-based process of divorce comes with an array of complexities and challenges based on your family’s unique situation.

For a variety of reasons, you could find yourself in a situation where you are going to court to fight for your children and/or your property. Sometimes, couples start out making excellent progress during negotiations but hit a stalemate when it comes to more emotional subjects, such as child custody. Spouses might find themselves completely unable to agree about custody matters and need to use the court to come to a decision.

Contested divorce usually does not mean that one of the spouses is fighting against the divorce altogether, but rather, the spouses are not able to agree on each matter involved in their divorce. Contested divorce also does not mean the spouses have given up the opportunity to make compromises. Though the court will be more involved, it will also likely encourage the spouses to work together wherever possible.

The Divorce Process in Texas

In Texas, divorces follow a basic process. The actions taken during each divorce will depend on the spouses’ circumstances, though most divorce cases involve common steps. These typically include:

1. Filing the Petition – The first step in a Texas divorce is for one of the spouses to file a Petition for Divorce in the proper court. The grounds for filing for divorce in Texas are detailed below.
2. Service of Process – The petition will be served upon the non-filing spouse ( through a process server ), or that spouse can sign a Waiver of Service.
3. Hearing on Temporary Orders – During the pendency of the divorce, the spouses might need the court to grant certain temporary orders that are intended to provide stability before the divorce has been finalized. These might involve spousal maintenance, temporary custody orders, or a temporary order regarding the family home.
4. Discovery – If the spouses are participating in alternative dispute resolution and know each other’s debts and assets, formal discovery need not take place. If the divorce is contested and debts and assets are in question, the discovery process will commence. This will involve a full investigation and reporting of each spouse’s finances, potentially to include valuations of certain assets. The spouses and any experts they hire can also be deposed during this stage of litigation.
5. Negotiations – When discovery is complete, the spouses will begin to negotiate. If the divorce is uncontested, negotiations will begin earlier in the process. During this time, the spouses work to come to an agreement on every possible term. Mediation can be a tool for the parties to use during this phase, even in a contested divorce.
6. Trial – If the divorce is contested, and the parties do not come to an agreement on every term, the case will proceed to trial. Each party will be heard during the trial, and the court will make final decisions.
7. Divorce Decree – At the conclusion of the trial or the parties’ negotiations, a divorce decree will be drafted. When the court enters the decree, the divorce is finalized, and any obligations by the spouses are triggered.

These steps can look very different and produce contrasting results based on the situations present between the spouses. For instance, a collaborative divorce will have virtually no court involvement as the parties work through every issue, while a traditional litigated divorce will involve the court at many junctures.

Grounds for Filing for Divorce in Texas

Texas recognizes several grounds for filing for divorce. These include the following situations:

• Adultery
• Cruelty
• Insupportability
• Abandonment
• Living apart
• Felony conviction
• Confinement in a mental hospital

Some of these probably seem familiar, but others might be surprising. A spouse can file for divorce in the event of adultery or cruelty on the part of the other spouse. A spouse can also file if the two spouses have been living separately for three years or longer or if the other spouse left him or her a year ago or longer with no intention to return.

These are some of the more common grounds for divorce in  Texas, though the most common is insupportability. In other jurisdictions, insupportability is known as “irreconcilable differences.” It essentially means that the spouses have conflicts they cannot resolve, and these conflicts have made their marriage unsustainable.

Less common grounds for divorce include confinement in a mental hospital and felony convictions. If a spouse has been confined in a mental hospital (either private or state-run) for three years or longer and has significant mental health issues that are likely to be lifelong, the other spouse may file for divorce. In addition, if a spouse has been convicted of a felony, has been in prison for a year or longer, and has not received a pardon, the other spouse may file for divorce in Texas.

How an Attorney Can Help

From the onset of your divorce matter, you need someone on your side who is dependable, responsive, and experienced. There is no legal requirement that you hire an attorney for a divorce in Texas, but the reasons to do so are numerous. Every divorce is different and will involve unique issues and items of importance. It is crucial to develop a plan that addresses your immediate concerns and goals while also considering the bigger picture and overall objectives.

Some of the key ways an experienced divorce attorney can help you include:

• Advice and guidance – Your lawyer will provide you with valuable legal advice and guidance consistent with Texas law during every step of your divorce.
• Advocacy – A strong advocate on your side means you will have more bargaining power. Your lawyer will ensure that your voice is heard, your positions are well-stated, and you do not sacrifice your rights unnecessarily or agree to unfair terms.
• Investigation – If you are uncertain about anything in your divorce — fidelity, finances, etc. — your lawyer can investigate that matter. When you have skilled counsel, your spouse will not be able to hide anything from you.
• Stress reduction – An extremely important reason to hire an attorney for your Texas divorce is the amount your lawyer can reduce your stress. It can dramatically lower your anxiety to know you have someone in your corner, you are following all applicable state laws, your divorce decree will be valid, and your interests will be protected.

The attorneys at Grinke Stewart Law will help guide you through the various stages of the divorce process by clearly explaining your rights and options while offering empathetic and trustworthy advice each step of the way. You need to be fully informed so that you can make decisions that are in your family’s best interests.

Contact Grinke Stewart Law for a Case Consultation

Grinke Stewart Law, PLLC can help you formulate a strategy to accomplish your specific goals throughout your divorce. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter with one of our attorneys.