Divorce in Dallas

Thank you for visiting our website, dedicated exclusively to divorce in the great city of Dallas Texas. Our goal is to provide you with some basic information about divorce, the divorce process and issues related to divorce. Additionally you may click on our “Why Hire Us” page to see if we are the right family law attorneys for you and your specific case.

When you and your spouse make the decision to end your marriage, it can be very overwhelming for the entire family; we can help smooth the path for you.  At the Family Law Offices of “Insert Attorney Name” in Dallas, we are not only experts in Family Law, but we have the compassion you will need to get through this tough time.  If you are confused, have a lot of questions, and do not know what’s in the future, let us answer your questions.

Overview

• A Texas divorce starts with filing an Original Petition for Divorce in the district court where you live.
• Texas law requires that you have lived in Texas for at least six months and the county where you are filing for ninety days prior to filing for divorce. 
• This Petition asks the Court to dissolve the marriage, take into consideration matters pertaining to the children (i.e. custody, support, visitation), and divide their property and debts.  
• Once the petition is filed, there is a 60-day waiting period before the divorce is granted.
• Generally, a divorce will take between two and eight months.
• Once the decree is signed by the judge, there is a 31-day waiting period until you can remarry.

Definition
A divorce is the legal termination of a marriage.

1.  Uncontested

• Marital issues handled without disagreement
• Children, division of property, etc.
• Waiting period of 60 days for divorce to be granted

2.  Complex

• Do not agree on most issues
• Children involved
• Substantial property to be divided

Grounds for Divorce
Texas is a no-fault divorce state.

Child Custody
Under the laws of Texas, the court will, for the most part, award joint custody when both parents are considered acceptable.  Joint custody divides the parental rights.

Issues regarding child custody:

• Physical custody – which parent provides a home for child
• Legal custody – the parent who makes the decisions regarding medical, education, religion, etc.
• Child support – how much each parent will contribute to support the child
• Healthcare - who will provide health insurance
• Visitation - who sees the child, and when

Visitation Rights
In Dallas, both parents have rights to be with their children if they have been involved parents during the marriage.  The visitation schedule is often set up by what is in the best interest of the child.

Child Support

• Texas law provides for a simple calculation to determine the amount of monthly child support.
  • Net monthly income x 20% for one child
  • Net monthly income x 25% for two children
  • Net monthly income x 30% for three children, etc

• The Texas Family Code states that FICA, Social Security taxes, and health insurance premiums are deducted before determining the net monthly income

• If the obligor is paying child support to other children (not included in this case), the percentage will be reduced.

• The penalties for not paying child support are severe:
  • Civil penalties
  • Judgment liens on home
  • Liens on federal income tax refunds
  • Jail term

Alimony
Texas allows alimony under limited circumstances.

• You must be married for at least 10 years
• You must be incapable of providing for your minimum daily needs
• If you have a reasonable amount of property, you most probably will not be able to receive alimony.
• You can receive it if both parties agree..

Property Division

Community Property
All property including debts acquired or incurred during the marriage.  You and your spouse need to agree on a fair division of all the property.  If this cannot be done, a judge will do it for you.

• Home
• Cars
• Financial – bank accounts, stocks, pension, disability, 401K plan
• Partnership that increases in value
  

Separate Property

• Owned by a spouse before the marriage
• An inheritance or gift received during the marriage
• Received as recovery for personal injuries sustained during the marriage
• Corporate stock from a partnership

Commingled Property

• Marital property that is a mixture of separate property and community property

Conclusion
The Family Law Offices of “Insert Attorney Name” in Dallas will help you get through your divorce as quickly as possible.  Our goal is to help you end your marriage as easily as possible and not spend months or years in a court fighting.  Call us today for a consultation.