Southlake Divorce Attorneys

Our Team Is Here to Answer All of Your Questions About Divorce

At the Law Office of Mark M. Childress, we are here to guide you through the divorce process in Texas. Whether you are simply considering your options, or you and your spouse have already decided whether to pursue a contested or uncontested divorce, our team prioritizes personalized strategies to ensure the divorce ruling protects your rights and interests.

Our Southlake divorce lawyers can help you address the following matters:

• Property division
• Alimony
• Child custody
• Visitation
• Child support

Divorce often brings a lot of uncertainty and questions about your child’s future, asset division, and finances. During our collaboration, our attorneys are happy to answer any questions you may have, whether at our office or via email or phone.

Are you considering divorce in Southlake, TX? Contact The Law Offices of Mark M. Childress, PLLC today at (817) 497-8148 to schedule a consultation. Se habla español.

How to Get a Divorce in Texas

Residency Requirements

The state of Texas does not require you and your spouse to have lived separately before filing for divorce. However, one of you must have lived in Texas for at least six months and been a resident of the county you are filing in for a minimum of 90 days. 

Grounds for Divorce: Fault vs. No-Fault

When filing for divorce, you must include an acceptable ground for the dissolution of marriage.

Statutory grounds for divorce in Texas are:

• Cruelty
• Adultery
• Felony conviction with at least one year of imprisonment and without
• Abandonment of at least one year
• Living apart for at least three years
• Mental hospital confinement in a public or private institution for at least three years without any like adjustment in the future
• Insupportability that prevents “reasonable expectation of reconciliation”

Our divorce attorneys in Southlake can help you determine which ground(s) fit your situation. If you are considering a no-fault divorce, only insupportability is an acceptable ground.

Filing a Petition for Divorce

If you meet the residency requirements, the following steps are:

• Filing an Original Petition for Divorce within the county where either party currently lives
• Serving the petition to your spouse through a process server, sheriff, or constable who would have no personal gain from your case
• Waiting for your spouse, respondent, to file an answer within 21 days of reception

If your spouse does not respond within the mandatory timeframe, you may nevertheless move forward with the divorce process.

The 60-Day Waiting Period

Texas has a 60-day waiting period before a judge can issue a final divorce decree. A judge may waive this waiting period under special circumstances that involve a conviction of domestic violence or an existing and active protective order.

If both parties find an amicable and mutually beneficial agreement on all issues, the judge can finalize your divorce after 60 days. If you cannot resolve issues peacefully or need additional time to do so, a divorce can take six to twelve months.

Uncontested vs. Contested Divorce

If you and your spouse agree on all aspects of your permanent split, you may opt for an uncontested divorce. This usually means fewer costs and a quicker finalization of marriage dissolution outside of the state's 60-day waiting period.

The state of Texas has the following eligibility criteria for uncontested divorces:

• Neither spouse has an active bankruptcy case
• You do not share minor children
• You do not own property together
• You do not have retirement benefits to divide
• Neither spouse is seeking alimony payments

Even if you pursue an uncontested divorce, we recommend that you hire an attorney to ensure that the agreement protects your rights and assets. At The Law Offices of Mark M. Childress, PLLC, our attorneys can thoroughly evaluate your situation and tailor recommendations to help secure a positive future for you and your family.

If your case involves minor children, you may choose an “agreed divorce.” This means that you and your spouse agree on all matters about your divorce and that no previous court orders for child or support already exist.

When spouses cannot agree on one or more issues, Texas considered your divorce a contested one. If you go through this process, our attorneys advocate for you at every step and help you reach your goals. We tailor our advice to your specific situation to what you and your children need.

An uncontested divorce can reach a settlement outside of the courtroom, which may include mediation if you and your spouse need a neutral third party to help you communicate and negotiate. In the event your divorce goes to trial, we continue to work with you through the litigation process.

Common Mistakes to Avoid During Divorce

Letting Emotions Dictate Your Decisions

Various emotions, ranging from anger to sadness, can flood you at many points in the divorce process. They can be difficult to manage at times, and when they get out of control, they can start to overwhelm you. Being overwhelmed by your emotions can make thinking through an important decision with logic much more difficult.

When you feel overwhelmed or start to spiral, it's important to lean on your Southlake divorce lawyer. Your attorney can help you process how you are feeling and give you guidance as you move forward. Though divorce can be difficult, your attorney has helped countless others work through similar issues and can do the same for you.

Aiming for Revenge

It’s always difficult to see a marriage end, especially when it’s your own. You may not be on the greatest of terms with your spouse, which is understandable. However, some relationships end in an even more dramatic fashion, and in those situations, it’s common to see one party seek revenge through various legal actions.

Some people have dug their feet in the ground and refused to come to the negotiation table, while others aim to drag out the time in court as long as they can to increase the cost to their spouse. What they do not realize is that it also increases the time they spend in court as well as the associated costs.

While it might be tempting to seek revenge through any means you can, doing so can pose a greater risk to your own side of the case.

Failing to Plan for a New Financial Future

Many changes to your life come with divorce, and one area of life that may experience the most change is your finances. When your divorce decree is finalized, you lose your spouse’s income. Additionally, depending on how assets and debts are divided, you may have additional expenses on your plate.

Failure to plan is like planning to fail, so it’s important to have a plan for your finances going into the divorce process.

Working with the Wrong Attorney

Your divorce attorney is a critical resource for your case. First, you do not want to go through a divorce alone. While you may have some general understanding of the divorce process, it’s likely that you may not fully comprehend the nuances and finer details of the process. 

Working with an attorney brings expertise when you need it.

Additionally, your attorney can help you negotiate a settlement. It’s becoming more common to see divorces end via a negotiated settlement agreement, and you will want someone by your side who can remain cool in tense situations to help you come to an agreement that is fair.

Reasons to Avoid a DIY Divorce

While it may be tempting to handle your divorce yourself (i.e., without the help of a divorce lawyer), there are many potential risks to a “DIY” divorce.

Divorce Is Difficult to Navigate Alone

First, divorce involves complex legal processes, including the division of assets, child custody arrangements, and financial support agreements, which can be challenging to navigate without legal expertise. A divorce lawyer can provide invaluable guidance, ensuring that your rights and interests are protected throughout the process. 

Mistakes Are Common in DIY Divorces

Additionally, DIY divorces often result in incomplete or incorrect paperwork, which can lead to delays, disputes, or even the need to redo the entire process. Moreover, emotions can run high during divorce proceedings, and having a lawyer to handle negotiations and communications with your spouse's legal representation can help reduce conflict and stress. 

A Lawyer Can Help You Cover All Bases

Finally, a lawyer can help you anticipate and address potential issues that may arise in the future, such as modifications to custody or support agreements, providing long-term peace of mind. Overall, while it may seem cost-effective to pursue a DIY divorce, the potential risks and complications far outweigh any short-term savings, making professional legal representation essential for a smoother, more successful outcome.

To summarize, reasons to avoid a “DIY” divorce include:

• Incomplete or incorrect paperwork, leading to delays or disputes.
• Lack of legal expertise may result in unfair asset division or custody arrangements.
• Emotional stress and conflict may escalate without professional mediation.
• Future issues such as modifications to agreements may be overlooked.
• Short-term savings can be outweighed by long-term complications and costs.

How Much is a Divorce Lawyer?

The cost of hiring a divorce lawyer can vary significantly depending on several factors, such as the complexity of the case, the lawyer's experience and reputation, and the location. Generally, a divorce lawyer in Southlake will charge an hourly rate; however, some law firms charge a flat fee for handling the entire divorce process.

There may also be additional expenses associated with a divorce case, such as court filing fees, mediation fees, expert witness fees, and deposition costs. These expenses can add up quickly, increasing the overall cost of the divorce. 

If you are considering a divorce, it's essential to discuss any lawyer fees and potential additional costs upfront before hiring a divorce attorney.

Contact Our Southlake Office

Located at: 
3100 W Southlake Blvd #110,
Southlake, TX 76092

Call: (817) 497-8148

Contact The Law Offices of Mark M. Childress, PLLC today at (817) 497-8148 to schedule a consultation with our divorce lawyers in Southlake. Se habla español.