Rockwall Divorce and Family law attorneys
Helping Families Navigate Divorce in Rockwall County
Whether amicable or litigious, the divorce process is rarely easy. At The Branch Law Firm, our experienced Rockwall divorce attorneys can protect your interests. You may be preparing for divorce, or your divorce may already be underway. No matter where you are in the process, we are here to help.
Grounds for Divorce in The State of Texas
Texas allows for a couple to file for divorce based on both fault and no-fault grounds.
A no-fault divorce in Texas is based on “insupportability”, which simply means that the marriage can no longer be supported. Neither spouse needs to be blame for a specific fault for this type of divorce.
Other grounds for divorce in Texas include:
- Mental incapacity
- Felony conviction
- Adultery (must be proven)
Additionally, there are residency requirements for a divorce in Texas. At least one of the spouses must be a Texas resident for 6 months before filing in the state and a county resident for 90 days before filing in that particular county.
What is Uncontested Divorce in Texas?
A couple can qualify for an uncontested divorce when the following criteria have been met:
- Both parties agree on the divorce
- Both parties agree on the terms of the divorce
- You or your spouse must be living in Texas for at least 6 months
- You or your spouse have lived in the county where you are filing for divorce for at least 3 months
- You and your spouse have agreed on all issues in your divorce.
Examples of standard issues that both parties can agree on relate to things such as visitation, division of assets, child support, etc. Usually, uncontested divorce can be a much smoother process when compared to uncontested divorce. It can also take half the time.
Please note, that both parties do not have to agree completely on each term immediately. Here at The Branch Law Firm, we can take you step-by-step on each of the processes, as we know how stressful this part of your life can be.
What is Contested Divorce in Texas?
A contested divorce in Texas can be filed when one of the spouses does not agree to the terms or grounds of the divorce. These terms can include things like property division, child custody, or financial support.
If common ground cannot be met, a court hearing will usually be required. Contested divorces don’t have to be viewed in a negative light, as they are necessary to protect your assets, children, and property. These cases are seen more commonly with parties who have amassed large financial holdings or are flooded with complex family circumstances.
Is Legal Separation Recognized in Texas?
The state of Texas does not recognize legal separation, however many families choose to informally separate before their the official divorce. Individuals must exercise caution when choosing to informally separate due to the fact that Texas is a "community property" state, meaning that any debts or assets acquired by either spouse will have to be equally split in the divorce. This is another reason seeking the expertise of a knowledgeable divorce lawyer is of the upmost importance when navigating the disolving of a marriage.
Providing Answers & Guidance
During a divorce, it is natural to turn to your lawyer for information, guidance, and advocacy. That is exactly what we are here for.
Family law attorney Betsy Branch is prepared to provide you with personalized direction during all aspects of your Texas divorce, including:
- Division of assets according to the divorce decree
- Debt division
- Child support enforcement
- Child custody and visitation arrangements, enforcement, and modifications
- Spousal support (alimony)
No two marriages are alike. Likewise, your divorce involves unique issues for you to resolve. When you work with The Branch Law Firm, we will strive to find the solutions that are best for you. Whether through settlement conferences, mediation, or a trial if needed, we are committed to helping you obtain a resolution that protects you and your family's interests.
Can Terms of Your Divorce Be Modified After the Fact?
Property division is almost always final after a divorce. However, if you discover that your ex-spouse hid assets, explore your legal options with our help. Our experienced trial lawyers are ready to tackle tough challenges for you.
Child custody and child support may be modified as family circumstances change. You may need to petition the family law court for a modification. Talk to our Rockwall family law attorneys about your goals. If enforcement becomes a challenge, we can help you pursue relief.
There are many other divorce arrangements that can be changed after the fact. These are called modifications and should be handled by an experienced divorce law.
Contact The Branch Firm
Call (469) 299-5944 or email the law offices to schedule a consultation regarding your Texas divorce. Located in Rockwall, we represent clients throughout Dallas County, Rockwall County, Hunt County, and Collin County.
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