McKinney Divorce Lawyers
Compassionate & Personalized Legal Representation
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 & Galvan guide you through the complexities of the divorce process. Our legal team can answer your questions and concerns, explain the Texas divorce laws, account for marital assets, help with custody plans, prepare the paperwork, negotiate a divorce settlement, and represent you in the courtroom.
Texas Divorce Laws
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.
What is a No-Fault Divorce?
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,” meaning the marriage cannot continue due to differences or disagreements that can no longer be resolved.
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.
What are the Different Types of Divorce?
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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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.
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