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, family laws, account for marital assets, help with custody plans, prepare the paperwork, negotiate a divorce settlement, and represent you in the courtroom.
Requirements for Texas Divorce
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.
Is Texas a No-Fault Divorce State?
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.
What Does Insupportability Mean In a Divorce?
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.
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).
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 Williamham & Galvan.
“Every experience has been outstanding!”- Sheldon C.
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