Southlake Divorce Attorneys

Personalized Legal Representation for Your Divorce

The Law Offices of Mark M. Childress, PLLC, can guide you through the divorce process in Southlake. 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 divorce attorneys can help you address the following matters:

• Property division
• Alimony
• Child custody
• Child support

Divorce often brings a lot of uncertainty and questions about your child’s future, asset division, and finances. We invite you to check our family law FAQ page which covers various basic topics. 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? Contact The Law Offices of Mark M. Childress, PLLC, today at (817) 497-8148 to schedule a consultation. Se Habla Español.

How Do You File for Divorce in Texas?

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

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.

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 Versus 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.