Going through a divorce, even after a short marriage, can be one of the most challenging times of your life. When you must go through this process, having a Frisco divorce lawyer by your side who knows the laws in Texas and can walk with you during divorce cases can be invaluable. An experienced divorce attorney in Frisco TX will help you address various legal issues that might arise during a divorce, including things like child custody disputes, disagreements about marital property, parenting time, visitation, and more.
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A divorce can have a significant impact on your life, so you do not want to risk trying to address these items without legal representation. Frisco, TX divorce lawyers can help clients navigate these issues, whether working through collaborative divorce or presenting your case in formal court proceedings.
Our law office can assist Texas residents, including clients in Collin County, Denton County, and throughout North Texas and the Frisco area. Call today for more information about the legal services of our family law firm or to schedule a free consultation with one of our Frisco divorce lawyers. Our board-certified divorce lawyers in Frisco are standing by to help clients with divorce cases in the Frisco area.
How you file for divorce in Texas will depend on your relationship with your soon-to-be ex-spouse. It also hinges on whether you will have an underlying conflict that you need to work out as part of the divorce proceeding.
Although you have likely heard horror stories of how terrible divorce cases can be, not all divorce proceedings are like a soap opera. Sometimes both spouses agree that separation is appropriate and can easily work out how they want to deal with marital property, visitation, and other family law issues. They might go through this on their own or do a collaborative divorce with a family law attorney or mediation with the help of a Frisco divorce attorney.
If the couple can work out an agreement between them, they can file for an uncontested divorce in Frisco, TX. In many situations, an experienced divorce attorney can help with this filing. This option allows clients to avoid going to trial, which can be extremely stressful and expensive. An uncontested divorce in Texas is sometimes referred to as an “agreed divorce.”
If you and your spouse cannot agree on every aspect of your divorce, you must move forward with a contested divorce case in Frisco, TX. Keep in mind that uncontested divorces are only appropriate when every single issue that must be addressed in the divorce is agreed upon.
While there are circumstances where agreement is possible, many high-conflict couples just cannot file an uncontested divorce because of the contentious nature of their relationship. Parents, in particular, may not be able to agree about their child care or living arrangements. The spouses work together poorly, which is often what leads to divorce initially. Frisco divorce lawyers and family law attorneys are especially critical in contested divorces.
Contested divorces closely resemble civil lawsuits. You must start the divorce case by filing a petition and serving the papers on the other spouse in or around Frisco, TX. Then, your spouse will answer the petition, and you may have to have an initial hearing to establish temporary orders while the dissolution of marriage is pending. This temporary order may address things like:
While this initial order is temporary, it can have a significant bearing on the overall divorce decree. This is especially true for parents who are disputing child custody or visitation.
Having a divorce lawyer in the Frisco area involved, even at this early stage of the litigation, can help increase the success of your contested divorce in Frisco, TX. Parents should take care at this stage in the proceeding to get help from an experienced family law attorney.
Texas is one of just a few states that still permits fault-based divorce. A divorce based on fault sets out that one spouse did something to break up the marriage. The most common ground used in fault divorces in Frisco, TX, is adultery, whether that is physical or emotional. Other grounds for fault divorce might include things like:
A fault divorce is usually a contested divorce. However, not all contested divorces are based on fault. Instead, the contested portion of the divorce might be focused on another type of family issue, such as parents dealing with a child custody case or property division. A Divorce lawyer can often also help clients with related family law services as they are family law attorneys as well.
A no fault divorce is permitted in the Frisco area as long as the spouses can show that the marriage has become “insupportable because of discord or conflict of personalities.” The petitioning spouse must also show that there is no reasonable expectation of reconciliation. Most divorces that occur in Frisco, TX, are no-fault divorces.
No fault divorces can also begin if the spouses have been living apart for at least three years.
Every divorce is slightly different. The procedure varies on whether you go through mediation, agree to most of the terms of the separation, or have significant legal issues that will require a fight in divorce court. When you cannot agree on every term in your divorce, you will likely have to go through the entire divorce process in Texas. Experienced divorce lawyers will be able to outline a course of action for clients and let you know what to expect for your specific situation.
Below are the most common steps you can expect when going through a divorce in Frisco, TX.
Before you go through a formal legal process, it is a good idea to talk with an experienced divorce attorney in Frisco, TX, and have them evaluate your case with a free consultation or initial consultation. They will be able to advise you through the court system and give you a full explanation of your rights and responsibilities under Texas law.
A divorce starts with filing a petition in Frisco, TX. The petition sets out that you have had a breakdown in your relationship, and you are requesting a divorce. Once the petition is filed, it must be served on the other spouse.
The responding spouse will also file an “answer” to your petition. They will respond to the allegations you set out in the petition. Once these two formal documents are filed, the most time-consuming portion of a divorce can start—discovery.
“Discovery” is a legal term that essentially means that you and your Frisco, TX, divorce attorney will gather information to present your case to a judge. During discovery, clients will identify debts and assets, gather witness information, and identify issues where you and your soon-to-be ex-spouse cannot agree. You will exchange information, answer questions, and produce documents.
Your Frisco, TX, divorce lawyer will do a lot of the work in discovery for you, but it requires a great deal of document gathering and finding other information.
You can work out a settlement with your spouse at any time. However, mediation can be a helpful tool to hammer out issues where you cannot agree. Mediation is often required before you present your case to a judge.
During this process, you might also have to go through several court hearings that address things like child custody, child support, spousal maintenance (often called alimony), and property division. A family law attorney will be able to help with all of these issues.
Sometimes these hearings happen immediately, so you can address these critical issues while the divorce is pending. Ultimately, the divorce in Frisco, TX, will end by presenting your case to a judge during a trial if mediation is unsuccessful. The judge will then issue a final decree of divorce setting out the terms of the divorce.
A divorce will often have a major impact on you for years to come. It will change some of the most fundamental aspects of your life, from where you live to how you pay your bills. To the extent possible, it is a good idea to plan for these huge changes before you start the divorce process in Frisco, TX. You can take the following steps to get ready for your divorce.
You will need to make a list of all of your assets, liabilities, and income sources as part of a divorce. Getting all of this information can be very time-consuming, so it is a good idea to start this legal process early.
Having this information at your fingertips can also give you a better idea of where you and your spouse stand financially. This is particularly important if your spouse normally handles the bills in your household. Some spouses do not realize just how much money they have (or don’t have) when they let the other person take over the finances without any oversight.
Texas residents should keep in mind that Texas is a community property state. It is one of just nine states that use community property concepts for property division during divorce. Community property states divide property and treat debts acquired differently compared to other states. A family law firm will be able to help you understand what this means and how it will affect your divorce case.
If you do not have any accounts or credit cards in just your name, it is a good idea to start working on establishing your credit now. You can do this by simply getting a credit card in only your name.
As you transition to life on your own, your expenses will change. For example, if you are suddenly going from a two-income household to just one person, your lifestyle may need to be adjusted, too. Take a realistic look at your budget now and consider what it will look like after the divorce. This type of evaluation will help you determine whether child support or spousal support may be necessary for your situation.
Having a friend or family member who can help you through the emotional challenges of a divorce is a good idea. If you are uncomfortable sharing these aspects of your life with others, talk to a counselor or therapist in the Frisco, TX, area. You will need someone to discuss your situation with you.
Having an experienced divorce lawyer help you navigate the divorce process in Texas is a good idea. While some people see hiring a Frisco divorce lawyer as a sign of aggression, it really isn’t. Getting a Frisco, TX, divorce attorney is simply an acknowledgment that you could use some help through this legal process.
Finding Frisco divorce attorneys can feel a bit overwhelming because you have many options. However, you want an experienced divorce attorney who has handled cases like yours. Having a law firm that is large enough to support clients’ needs and small enough to provide personal attention to your legal issue is often ideal.
Setting up a free consultation or initial consultation with a potential Frisco, TX, divorce attorney can be very helpful in family law cases. This meeting will give you a better idea of whether the attorney will get along with you, and they can address a legal issue you might have, including questions about divorce cost and processes.
Our law firm would love to have a lawyer sit down with you and discuss your case. Frisco divorce attorneys can discuss everything from community property to the best interests of the child to domestic violence—whatever your family law matter may be. Our law office provides a variety of legal services to help Texas residents with family law cases throughout North Texas, including Denton County and Collin County. Contact our Frisco, TX, office to learn more about our board certified divorce lawyers in Frisco and how we help clients like you.
It does not provide legal advice. The scenarios described in this website are intended to demonstrate legal principles involved with representation in the type of case described. Any current or former clients quoted or specifically identified in these materials have reviewed the firm on a third-party website or platform, such as Google, without compensation. Every legal case is different. Specific past results are not indicative of specific future results. Any information contained herein pertaining to experience or familiarity with particular courts or government agencies should not be construed as an ability or willingness to exert improper influence over the legal system. All services described in these materials and provided by Radchenko and
Brooks, LLC, and its attorneys, are only performed in compliance with all applicable laws and the Texas Rules of Professional Conduct.