Texas Divorce & Collaboration
When most people think of divorce, they may imagine spouses and attorneys arguing to a judge or jury in a courtroom. This is the traditional system of justice, but litigation is not for everyone. Texas permits divorce resolution in less formal, rigid environments, as we see in mediation and collaborative law.
In fact, most divorces are settled out of court. If you’re considering a divorce, you’ll need an attorney experienced in negotiation, as well as the discovery process. Discovery is key to improving position in a divorce settlement. The divorce attorneys at Hardy Law Group, PLLC, have the experience to help you reach a resolution efficiently, and with the best possible outcome.
- What Is The Difference Between A Contested And An Uncontested Divorce In Texas?
- Is There A Required Period Of Separation Prior To A Divorce In Texas?
- How Does Mediation Compare To The Court Process In A Divorce Case?
Contested Vs. Uncontested Divorce
Sometimes in divorce cases, the divorce/terms of the divorce are uncontested. In these cases, collaboration or mediation is a viable alternative to litigation, or any court cases are finished quickly and smoothly. However, sometimes one party doesn’t desire the divorce, or there is a lot of contention over the division of property, money, and custody.
Common Areas Of Contention In Divorce Cases:
- Alimony and Spousal Support
- Division of Property and Debt
- Child Support and Child Custody
- Paternity and Father’s Rights
Divorce In Texas (Texas Family Code Ch 6)
In Texas, both Fault and No-Fault Divorces are recognized. Grounds for divorce in Texas are outlined below:
Insupportability. The name given to no-fault divorces in Texas. A divorce may be granted due to a conflict of personalities where there is no reasonable expectation of reconciliation.
Cruelty. If one spouse is guilty of cruel treatment toward the other spouse, the victim may be granted a divorce. If necessary, the victim in this situation may get a protective order against the other party.
Adultery. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Conviction of felony. The court may grant a divorce in favor of one spouse if during the marriage the other spouse: (1) has been convicted of a felony; (2) has been imprisoned for at least one year; and (3) has not been pardoned.
Abandonment. The court may grant a divorce if one spouse intentionally abandoned the other spouse for at least one year.
Living apart. Another form of no-fault divorce. The court may grant a divorce if the spouses were separated for at least three years.
Confinement in mental hospital. The court may grant divorce if a person’s spouse has been confined in a mental institution for at least three years, with no sign of release or the strong possibility of relapse upon release.
Other issues such as marriage to a family member, underage marriage, marriage to an already married person, etc., may be resolved by annulling or voiding the marriage.
Common Divorce Complications
In addition to assisting with necessary divorce formalities, we help clients navigate other complications that come along with their divorce.
If one party experienced domestic violence at the hands of the other, protective orders may be necessary. This can make meeting to discuss the terms of a divorce more complicated.
High Net Worth Divorce
When one or both parties have a lot of assets, issues such as property division, alimony, and child support can take longer to resolve. Other issues that often come up in these cases include prenuptial agreements and the existence of hidden assets.
In some cases, there is a considerable amount of time between the filing and finalizing of a divorce. Under these circumstances, it may be appropriate to seek orders allowing for stability during the divorce process. These orders address topics such as temporary spousal support, child visitation, child support and health insurance, or housing and bill payment. Temporary orders can be a critical factor in maintaining the status quo and keeping your life in motion.
Download our New Client Questionnaire to get an idea of any other potential complications that may need to be addressed.
Divorce Representation Tailored To Fit Your Case
If you are considering filing for divorce, you need an attorney who can provide advice and representation tailored to your unique situation. Our Dallas/Fort Worth divorce attorneys assess your case and determine the best course of action for you-whether that means contesting your issues in court or settling out of court through collaboration or mediation
We understand the divorce process can be daunting. You can rest assured that our Fort Worth divorce lawyers are committed helping you every step of the way. Contact Hardy Law Group, PLLC to learn more about how we can help.
Call For A Free Consultation