If you live in the Dallas area and are preparing to file for divorce, there are some important things to consider before proceeding. The experienced team of attorneys at the Duke Firm, PC is available to assist you with the entire divorce process. Our lawyers are skilled in the different types of Texas divorces and court cases, from collaborative law to contested divorce litigation. We will work to resolve all legal issues involving you and your spouse to ensure a quick and painful divorce and enable you to move on with your life.
How to File for Divorce
Before doing anything, as soon as you have determined that a divorce is the route you want to take, call a trusted and experienced attorney. Your lawyer can listen to the particulars of your situation and provide you sound advice – there are different types of divorce available in the state of Texas, each with unique requirements and laws. Your attorney can determine which route is the best for your specific circumstances.
The first step in filing for divorce is to draw up an Original Petition for Divorce. This petition can be filed by your lawyer with the relevant county authorities. Depending on the case, there may be temporary orders associated with the initial divorce proceedings as well (including temporary restraining orders). These orders are put in place to protect you and your property during the time it takes to for the divorce process to be completed.
Both parties must reach a settlement on the following:
- Child custody, child visitation rights, and child support payments
- Alimony
- Property, asset and debt division
If an agreement cannot be reached between the spouses and their lawyers, litigation and/or mediation is necessary to resolve the issues. If both parties can resolve their differences amicably prior to litigation or mediation, collaborative divorce may be an option.
Grounds for Divorce
Residents of Dallas and the surrounding area can file for a fault or no-fault divorce. No-fault divorces are appropriate in situations of relationship breakdown due to incompatibility, financial issues, or emotional problems. In Texas this is known as “insupportability.” Fault divorces involve adultery, cruelty, abuse, and abandonment.
Texas State Requirements
To file for divorce in Texas, you must be a resident for six months prior to the date you file the original petition. You must also have been a resident for 90 days prior to the filing date in the county in which you are filing.
If you are seeking a skilled attorney to assist you with your contested or uncontested divorce in Dallas,call the Duke Firm at 888-314-5720 for a free legal consultation today. You can also fill out our web form for a prompt response.