Many family issues can come into play when proceeding with a divorce case. When children are involved, situations can become very emotional and stressful for all parties involved, and the legal process associated with Dallas divorce cases can be confusing due to terminologies and practices specific to the state of Texas. The Dallas family law attorneys at the Duke Firm, PC are experienced and prepared to advise and represent you throughout what is often a difficult and confusing process. We aim to minimize your inconvenience and maximize your satisfaction with the outcome of your case.
What is contested divorce?
Married couples must agree on several areas before a divorce will be granted in Dallas and the state of Texas. These areas include child support, visitation and child custody, alimony payments (if any), and property and debt division or settlement. If one spouse disagrees with any of these areas laid forth in the divorce petition and agreement, the divorce is contested and must go into litigation. This litigation can involve appearance before a judge and/or jury, or may involve court-ordered mediation between the partners and their legal representatives.
Property and Texas Community Property Laws
Many divorces in Texas are contested because of state community property law. This Texas law determines that all property acquired during the marriage is jointly owned by both spouses. Typically by default marital property will be divided in half, or can be agreed upon prior to litigation by both parties. If no agreement can be reached, the court will determine who is entitled to which property and assets based upon various factors.
Child Custody, Visitation Rights, and Child Support
Some spouses are able to agree upon child custody and visitation factors without needing to appear before a judge or jury. However, emotions can run high in situations involving two loving parents who both feel they are acting in the best interests of their children. One spouse may also feel that their partner is unable to provide an appropriate standard of care or suitable living conditions. In these situations, legal involvement is necessary. Before a divorce can be granted, custody, visitation, and support regarding children must be agreed upon by both parties or determined by a judge. Contesting a divorce case that involves a child custody dispute can be complicated, so seek the assistance of an experienced attorney.
Call a Dallas divorce lawyer at the Duke Firm at 888-314-5720 for a free legal consultation today if you are considering separating from your spouse and are concerned about issues that may arise if the divorce is contested in Texas. You can also fill out our web form for a prompt response.
