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MCKINNEY DIVORCE LAWYERS

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Filing for divorce is one of the most difficult decisions in life, especially if you and your spouse have been married for a long time, share children, or own a significant amount of assets. While the divorce process can be amicable and respectful for some couples, it can also be hotly contested for others. In order to obtain the most favorable outcome and protect your rights and best interests, you must hire an experienced divorce lawyer.

If you are interested in filing for divorce in McKinney, let Willingham Law Firm, PC. guide you through the complexities of the divorce process. Our legal team can answer your questions and concerns, explain the Texas divorce laws, family laws, account for marital assets, help with custody plans, prepare the paperwork, negotiate a divorce settlement, and represent you in the courtroom.

Do not hesitate to call (214) 499-9647 and fill out our online contact form to schedule a consultation with our McKinney divorce attorney.

  • If your first choice is significantly older than you, you may be concerned about their ability to provide long term care. However, it’s best to choose a guardian you’re comfortable with now, and reevaluate your choice in four or five years.

  • You’ll want to discuss your choice with your children, especially if they are in their early teens. Do what you think is best for their future, but keep in mind that a judge will factor the child’s wishes into the final ruling.

  • In some cases, choosing one family member as a guardian can create some resentment or animosity amongst other family members. However, your primary responsibility is to your children, so it’s important to pick the guardian you think is best. Creating a written explanation of your reasoning can help your family and the courts understand why you made that choice.

  • Fiscal responsibility is not always a sign that someone will be a good guardian for your children. In Texas, you have the ability to name a property guardian or custodian of the inheritance you leave the children. In many cases, the two guardians are the same person, but in some cases it may be best to split the responsibilities.

  • You don’t have to name a couple as a guardian, just an individual. While you can’t prevent the spouse from being present if they are still married, they will have no legal authority over your children. If the couple gets divorced, your first choice can still be the guardian of your children.

  • You can nominate anyone you want as a guardian, no matter what state you live in. However, situations with out-of-state guardians can be significantly more complicated and expensive. Again, the best course of action is what’s best for your child – however, it can be beneficial to name a temporary guardian who can care for the children locally until the permanent guardian situation is resolved.

  • You’ll need to think about the needs of each child individually. In many cases, it’s best to name a different guardian for children of different marriages unless they already live together. Every situation is unique, so it’s important to consider the needs and wants of your children.

  • Unless your ex is clearly unfit to care for your children, they will most likely receive custody. However, you can absolutely include information in your will about why you think they are unfit, and judges will generally take this under serious consideration. This is particularly effective if you can include police reports, court records, or any other evidence that suggests they are unfit.

Start a Consultation With Skilled Divorce Lawyers in MicKinney

No matter how complex or simple your divorce may appear, having a family law attorney on your side can through every stage of the process can help you get the best possible settlement. We are ready to protect your rights and best interests inside and outside the courtroom. Speak with a qualified McKinney divorce attorney at Willingham Law Firm, PC..

Contact us at (214) 499-9647 to learn how we our divorce lawyers in McKinney can help you start a new chapter in life.

  • In order to file for a divorce in Texas, one of the spouses must have been living in the state for at least six continuous months. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for a minimum 90 days.

  • Texas is a “no-fault” divorce state, which means one spouse does not have to blame the other for the marriage breaking down. Rather, the petitioner alleges “insupportability”. Many marriages fall into this category, which is essentially the same as uncontested divorce.

    Marital assets are typically split equally when it comes to no-fault or uncontested divorces. On the other hand, if one spouse blames the other for the divorce, then the court will consider the reason when deciding property division. Common fault grounds include adultery, abandonment, cruel treatment, felony conviction, being institutionalized, etc.

  • Insupportability signifies that neither spouse wishes to sustain the marriage, but other divorce grounds don't apply. Often known as 'no-fault' divorce, it indicates that one or both partners have concluded that divorce is the optimal course. Relationships can fray due to evolving priorities, differing life paths, or persistent disagreements. Whether due to changing circumstances or communication breakdowns, divorce may be inevitable. For some, insupportability-based divorces lead to amicable separations, while others opt for separate paths.

  • There are two main types of divorce in Texas: contested and uncontested divorce. A contested divorce means that the couple disagrees on at least one divorce-related issues (e.g., child support, child custody, spousal support, property division, etc.). An uncontested divorce occurs when a couple agrees on all issues related to divorce.

     

    One spouse (the petitioner) files the proper divorce papers and has copies sent to the other spouse (the respondent). If the respondent disagrees with anything on the divorce papers, he/she can contest the divorce, resulting in a series of court hearings (contested divorce). In contrast, if the respondent can agree with everything and sign the papers (uncontested divorce).

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