Dallas Divorce Attorney
Beyond the legal implications of ending a marriage the divorce process can be an emotional and difficult time in a person’s life. In addition to advocating your case in the courtroom, a divorce lawyer serves as your counselor and advisor. Divorce in Texas comes in many forms. It can be contested, uncontested (agreed), a divorce with or without children, a divorce involving a large asset or debt division or a divorce with very little property or debt obligations.
In Texas a spouse is not required to prove fault in order to obtain a divorce. However, the Texas Family Code allows a party to allege grounds for divorce based upon insupportability, adultery, cruelty and abandonment, among others. In many instances the parties to a divorce will hold a hearing in court before a judge and temporary orders will issue governing child possession and access, child support and marital property while the divorce is pending.
Not all property owned by the parties to a divorce is necessarily subject to division by the court. Under certain circumstances property owned by the spouses prior to marriage, property that is inherited or property received as a gift can be considered the “separate property” of the spouse and thus not subject to division. It is even possible for property that is initially characterized one way to change character due to the actions of one or both of the divorce litigants. Some of these same rules apply to debt obligations as well.
Many divorces in Texas never require contentious litigation and court battles. In certain situations the parties can agree upon issues such as child possession and access, amount of child support to be paid and the division of marital property and debt. In these instances the parties mutually approve orders that are presented to the judge for approval. These “uncontested” divorces can be finalized immediately following the mandatory 60-day waiting period after filing.
Sometimes the parties are unable to agree upon the terms of their divorce. In this scenario it may be necessary to conduct written discovery, notice oral depositions or attend mediation. Ultimately, if the parties cannot reach an agreement, the case can be tried before a judge and jury who will decide the legal and factual questions surrounding the divorce.
If you have determined that your marriage is no longer workable or if your spouse has initiated divorce proceedings against you, The Raggio Law Firm, P.C. can help. Call today to discuss the options that are available to you and take the first step toward changing your life for the better.