Denton, TX Divorce Lawyer

Understanding Divorce in Texas

If you are considering dissolving your marriage in Denton County, TX, there are several things you need to understand about filing for divorce in Texas. For starters, it is vital that you enlist the help of an experienced divorce attorney in Denton to guide you effectively through the legal aspects. Divorce entails numerous critical steps, particularly procedural ones involving important separation documents.

Eligibility Requirements for Divorce in Texas

To be eligible for divorce in Texas, one of the spouses must have resided in the state for a continuous 6 months, and either spouse must also have resided in the county where the divorce will be filed for at least 90 days.

Note that Texas is generally a no-fault divorce state, though a spouse may cite a fault for the breakup of the marriage that the court can take into consideration when determining property division. Divorces can be either uncontested or contested. Uncontested divorces are resolved by mutual agreement or by default if the spouse served does not file an answer or appear in court.

On the other hand, contested divorces are when a spouse files an answer in disagreement and will not sign the final divorce decree (discussed below). To resolve a contested divorce, the petitioner must set a final hearing to decide on the disputed issues in court before a judge.

The Divorce Process in Denton, TX

The divorce process begins when one spouse (the “petitioner”) files an Original Petition for Divorce with the court and personally serves the papers on (delivers to) the other spouse (the “respondent”).

What follows these two steps of Texas' divorce process are:

• Temporary Orders: Temporary orders may be issued for child custody, support, and property during the divorce proceedings.
• Discovery: Both spouses exchange relevant information and documents about finances, assets, and other pertinent matters.
• Negotiation/Mediation: Spouses attempt to reach agreements on child custody, property division, and child support through negotiation or mediation.
• Court Hearings: If agreements can’t be reached, court hearings may be held to address contested issues.
• Trial: If disputes persist, a trial takes place, where a judge makes decisions on unresolved matters.
• Final Decree: Once all issues are resolved, a final divorce decree is issued by the court, legally ending the marriage.
• Post-Divorce Matters: Matters like enforcing child support, modifying custody arrangements, or altering alimony can arise after the divorce.
• Legal Assistance: Throughout the process, seeking legal advice and representation from a family law attorney is advisable.

Alimony & Divorce

Note that alimony can be a nuanced matter, as Texas law allows for temporary spousal support while the divorce case is pending and, in certain situations, permanent alimony after separation. Courts examine multiple factors such as the length of the marriage and each spouse's income and employment prospects for determining alimony eligibility and its duration.

Visit our page on Alimony to learn more about how the courts may decide a spousal maintenance award.

Property Division & Divorce

Additionally, Texas is a community property state, which means that property division decisions will divide all property between spouses that they’ve acquired during the marriage, which is property that legally belongs to both spouses. The law presumes all property is community property unless a spouse can prove it is separate property by a preponderance of the evidence.

Take a look at our Property Division page to learn more about community and separate property under Texas’ divorce law.

Agreed Decree of Divorce

If spouses can work out an agreement on the above marital matters, one of the spouses or attorneys will prepare an Agreed Decree of Divorce, which will contain all the terms of the agreement for the judge’s approval. However, if the spouses are not able to agree on all the issues in the case, a trial date will be set for them to negotiate through litigation.

The latter is a more expensive and lengthy divorce process, but it is often necessary in situations involving:

• Domestic violence
• Adultery
• Other emotionally charged issues

Note that spouses are required to at least attempt mediation before going to trial. Mediation serves as an opportunity to resolve conflicts amicably and avoid the financial and emotional costs associated with litigation.

Protecting Your Rights & Interests During Divorce

Going through a divorce can be a challenging and emotionally draining experience. It's important to have a knowledgeable and experienced family law attorney on your side to protect your rights and interests throughout the process. Our team at Burrows Law Group is dedicated to providing compassionate and effective legal representation to clients in Flower Mound, TX, and the surrounding areas.

When you work with our experienced divorce lawyers, you can expect:

• Expert guidance on child support and custody matters
• Thorough assistance with dividing marital assets and property
• Personalized legal strategies tailored to your unique situation
• Strong advocacy to ensure your rights are upheld
• Compassionate support during this difficult time

Do You Need to Go to Court for a Divorce in Denton?

While not all divorces in Denton County require extensive court involvement, understanding the nature of your situation is crucial. Consulting with an experienced divorce attorney can provide clarity on whether your situation necessitates court appearances and how best to navigate the process.

Navigating the divorce process can be complex, and one common question is whether you need to appear in court. The answer largely depends on whether your divorce is contested or uncontested.

Uncontested Divorce in Denton 

Both parties agree on all major issues such as property division, child custody, child support, and spousal support. If you and your spouse can reach an agreement on these matters, the process can be relatively straightforward. You may not need to make any court appearances. Instead, your divorce attorney can file the necessary paperwork, and a judge can approve the agreement without a formal hearing. This approach saves time, reduces stress, and minimizes legal costs.

However, even in an uncontested divorce, there may be a brief court appearance required to finalize the proceedings. This is typically a short, informal hearing where the judge reviews the agreement to ensure it is fair and in compliance with Texas law. The focus of these reviews is to ascertain that both parties understand and agree upon the terms voluntarily.

Contested Divorce in Denton 

This type of divorce requires court intervention. If you and your spouse cannot agree on one or more key issues, the court will need to step in to resolve these disputes. This process involves multiple court appearances, including preliminary hearings, mediation sessions, and possibly a trial. Each party will present evidence and arguments, and the judge will make the final decisions on disputed matters. Given the stakes involved, the guidance of a skilled legal professional is invaluable for navigating contested scenarios.

Contested divorces can be lengthy and emotionally draining, often requiring significant legal fees. Therefore, it is beneficial to attempt negotiation or mediation to resolve conflicts out of court whenever possible. Preserving amicable relations and focusing on children's needs often make negotiated settlements preferable.

Seek an Experienced Divorce Lawyer

If you are considering filing for divorce, it is wise to speak with a professional divorce attorney about your situation before making any decisions. There are many things you must do to prepare for a divorce, including gathering financial documents, understanding your legal rights, and assessing your long-term goals.

An attorney can better help you determine your best course of action based on your grounds for divorce, any child who may be involved, your community or separate property, and any other relevant factors that will impact your settlement agreement.

Our family law team at Burrows Law Group have significant professional experience and will work compassionately and personally with you to learn the nuances of your situation. We are board certified in family law matters by the Texas Board of Legal Specialization, and we will properly represent you and your needs in Denton County.

Schedule an initial consultation with the Denton County divorce attorneys at Burrows Law Group online or at (972) 236-7798 to get started on your divorce today. We represent throughout Frisco, Collin County, and surrounding areas.

Where to File for Divorce in Denton County: https://www.dentoncounty.gov/230/District-Clerk

Helpful Divorce Resources

• Denton County District Clerk - Information on filing for divorce in Denton County
• Texas Courts - Divorce forms and information for self-represented litigants