Arlington Divorce Lawyer

Let Us Help You Start a New Chapter in Life

Divorce is never easy, and it can be even more difficult when children are involved. When going through this process, you need an experienced divorce attorney in Arlington, TX who will fight for your rights and interests.

At the Law Office of Mark M. Childress, P.C., we are dedicated to providing high-quality legal representation to our clients. Our team understands that you have a life and a family, and we will do our best to help you through this difficult time as quickly and painlessly as possible.

Here are several reasons why you should choose our firm:

• Expertise: Mark M. Childress is an accomplished divorce attorney with extensive knowledge of Texas divorce laws. He has successfully handled numerous divorce cases, including complex high-net-worth divorces, custody battles, and property division disputes.
• Compassion: We understand the emotional toll divorce can take on individuals and families. Our team approaches each case with empathy and sensitivity, ensuring that your emotional well-being is a top priority throughout the process.
• Personalized Representation: No two divorces are the same, and we tailor our legal strategies to meet your unique needs and goals. Whether you seek an amicable settlement or a vigorous courtroom battle, we will work with you to achieve the best possible resolution.
• Local Knowledge: As an Arlington-based law firm, we have a deep understanding of the local legal landscape and court procedures. This local knowledge can be a significant advantage in your divorce case.

Contact us online or call us at (817) 497-8148 to get started on your divorce.

How to File for Divorce in Texas

Before filing for divorce in Texas, either you or your spouse must meet certain residency requirements. At least one of you must have lived in Texas for the preceding six months and in the county where you plan to file for divorce for the preceding 90 days.

Texas allows for both "no-fault" and "fault-based" grounds for divorce. The most common ground for divorce in Texas is "insupportability." This means that the marriage has become insupportable due to discord or conflict that cannot be resolved, and there is no reasonable expectation of reconciliation.

Here is a brief explanation of the divorce process in Texas:

• Filing a Petition: The divorce process begins with one spouse filing a Petition for Divorce in the appropriate Texas county court. The spouse who files is called the "petitioner," and the other is the "respondent."
• Temporary Orders: In some cases, either party may request temporary orders to address issues like child custody, child support, and temporary spousal support while the divorce is pending.
• Service of Process: The respondent must be served with a copy of the divorce petition, usually through a process server or constable. Once served, the respondent has a specific timeframe to respond to the petition.
• Discovery: Both parties exchange financial information and relevant documents in a process called discovery. This helps in the division of property and determination of child custody and support.
• Mediation: Many Texas courts require mediation to resolve disputes related to child custody and property division. Mediation is an opportunity for both parties to work with a neutral mediator to reach an agreement.
• Trial: If an agreement cannot be reached through negotiation or mediation, the case will go to trial. Each party presents their case to the judge, who then makes decisions on issues such as property division, child custody, alimony, and child support.
• Final Decree of Divorce: Once the judge has made decisions or the parties have reached an agreement, a Final Decree of Divorce is prepared and signed by the judge. This document finalizes the divorce, and both parties are legally divorced.
• Post-Divorce Matters: After the divorce is finalized, both parties must adhere to the terms of the divorce decree. This may include ongoing child custody and support arrangements, spousal support, and property division as outlined in the decree. However, modifications can be requested.

Fault vs. No-Fault Divorce in Texas

If you and your spouse have reached the end of your marriage, you may be wondering, “Is Texas a no-fault divorce state?” The answer is yes. Individuals in Texas can choose between a no-fault or fault-based divorce.

No-Fault Divorce

All states allow for no-fault divorce, which means the party filing does not need to prove that the other spouse did something wrong. It’s enough to declare that the couple cannot get along or has “irreconcilable differences.” 

The two spouses agree that they do not want to be married anymore and jointly agree to file a no-fault divorce, formally stating that neither party is to blame for or guilty of any misconduct that caused the marriage to end. 

This is typically the most common type of divorce in Texas.

Fault-Based Divorce

In cases where the couple does not agree on the separation, it may be necessary to seek a fault-based divorce. The person filing will allege that their spouse has specifically done something to make the marriage no longer work. These are most often seen when there have been instances of domestic abuse or cheating.

Before asking the court for a fault-based divorce, however, it’s essential to understand that you must have sufficient proof that your marital situation warrants a divorce based on the reasons (grounds) you are alleging. In other words, if you can’t prove it, you can’t file for divorce using that reason.

In Texas, grounds for a fault-based divorce can include:

• Adultery
• Cruelty
• Felony conviction and a spouse is imprisoned for at least one year
• Abandonment by one spouse for a minimum of one year
• Separation and living apart for at least three years
• Confinement to a mental hospital

When you file for divorce using fault, you’re telling the court that your spouse’s actions and misconduct led to the end of your marriage. Your spouse can contest the divorce based on your grounds if they disagree, so it’s crucial that you can prove it by providing testimony and evidence.

How to Find the Right Divorce Lawyer

If you're filing for divorce, you may be dreading the process of finding an attorney for your case. Interviewing lawyers before you make a commitment can help you find the perfect law firm for your case. Knowing what questions you should ask an attorney can help make the process even easier.

What's Your Pricing Model?

Different pricing models work for different clients. 

Ask your attorney questions such as:

• Do you do flat-fee pricing, or do you just use hourly fees?
• Do you provide unbundled representation service packages?
• Do you charge different prices for contested and uncontested divorces?
• What would you estimate the cost of my divorce to be if everything went perfectly?

This can help you identify whether an attorney you're considering uses a pricing model that will fit your budget. Getting a divorce can cost a substantial amount of time and money, especially if you're filing for a contested divorce, so understanding your options and working with an Arlington divorce attorney who's in your budget is important.

Do You Get Along? It's Time for a Gut Check

You should get along with your attorney on a personal level, as well as a professional one. 

In family law cases, your relationships with family members may be on the line, at least to some degree. If your attorney has similar values to you or is willing to go the extra mile to let you know they care about you as a person and your well-being, chances are, you'll feel better about having them on your case - and peace of mind counts for a lot in family law cases.

How Would You Handle This Case?

You want to ask this question for a couple of reasons.

Firstly, it ensures you get an attorney on your side who won't sugar-coat things, which is crucial. You never want to feel like your lawyer is telling you your case will be easier to solve than it really is, or like they're lying to you about your likelihood of getting a good outcome in your case.

Secondly, different attorneys will favor different ways of approaching cases in the courtroom. For example, some attorneys may advocate for mediation, working toward a more amicable resolution of differences between parties. Other attorneys thrive in the courtroom, where they can aggressively pursue their client's interests.

If you want to stay on good terms with your spouse post-divorce, the second attorney may not be a great fit for your needs, and vice versa. Choosing a lawyer whose strategies align with your preferred methods of conflict resolution is a great way to try and ensure you pursue the best possible outcome in your case.

Call Now for the Support & Guidance You Need

At the Law Office Of Mark M. Childress, we understand that divorce is a life-altering event, and we are dedicated to helping our clients navigate this difficult journey with care, competence, and professionalism.

Attorney Mark M. Childress has established a strong reputation as an Arlington divorce lawyer who is committed to achieving the best possible outcomes for his clients. With years of experience in family law and a deep understanding of Texas divorce laws, Mark and his team are here to provide the legal guidance and support you need.

No matter what your situation, we can help. We offer a full spectrum of legal services, including appeals. Our goal is to help you get through your divorce as smoothly and stress-free as possible.

We will take care of the details, so you can focus on your family. To learn more about how we can help you, call us at (817) 497-8148 or contact us online.