Understanding Divorce Laws in Dallas
The divorce process can very often become emotional and stressful, particularly when child support and custody is involved. The experienced lawyers at the Duke Firm, PC, are here to help you understand Dallas divorce and family law, navigate the filing process for divorce, and provide legal assistance and sound advice throughout the process. Our skilled attorneys can provide assistance with dividing your marital estate fairly. Likewise, we will quickly settle your child support and custody issues, which can otherwise become drawn-out and bitter battles that are unhealthy for all involved.
Texas Divorce Law
There are several grounds for filing divorce in Dallas. You must have grounds to file, and they can be determined by your divorce attorney based on your particular circumstances. There are also two types of divorces: fault and no-fault. This page will give you a little bit of background about the divorce types and different grounds on which you can file for divorce from your spouse.
No-Fault Divorce
A no-fault divorce allows one partner to file for divorce without placing blame on themselves or their spouse for the dissolution of the marriage, or the partner can claim “insupportability.” Insupportability is a term unique to Texas divorce law, and refers to the general breakdown of a marital relationship. Insupportability covers various issues common to many troubled marriages, including financial difficulty, emotional or physical incompatibility or loss of compatibility, and verbal conflict or fighting. These cases may seem straightforward but can still involve issues of marital property distribution and child custody or support, so it’s still very important to seek sound legal advice and assistance before proceeding. There will most likely be hurt feelings and a variety of concerns involved for both parties, so it’s best to acquire the advice of an attorney with experience in divorce law.
Fault Divorce
This type of claim puts some form of blame on one partner for the dissolution of the marriage. Grounds for fault divorce claims include adultery, cruelty, long period of absence, and abandonment.
Filing Requirements
Texas is what is known as a “community property state.” Community property states generally split marital property 50/50 between spouses. Both spouses are also jointly responsible for any debt incurred during the marriage. Any property issues must be taken care of before the court can approve a divorce. The first step is for your lawyer to file a petition for divorce in the Texas County in which you have resided for at least 90 days (you must have been a state resident for six months). This petition will outline your case and any child custody and property related information. Your attorney can help you to resolve any issues concerning your children and any property or debts associated with the marriage that there may be disagreements over during the process.
Please call the Duke Firm at 888-314-5720 for a free legal consultation today if you are looking to file divorce or legal separation in Dallas, or to seek advice on general divorce law in Texas. You can also fill out ourweb form for a prompt response.
