Divorce proceedings can be emotionally challenging for all parties involved. While no divorce is easy, having an experienced McKinney divorce attorney by your side can significantly alleviate stress. Divorce often involves navigating complex legal issues, such as property division, financial matters, and child custody arrangements. Understanding the divorce process in Collin County can provide you with valuable insights into how to protect your rights and achieve the best possible outcome.
How Long Does a Divorce Take in Texas?
While the typical divorce in Texas takes somewhere between six and twelve months before being finalized, there are several extenuating factors that could impact how long your divorce will take. Factors that may impact how long your divorce takes include:
- Having minor children
- Having significant assets
- Filing for divorce in a county where the courts are backlogged
- One spouse contests the divorce
- Filing for a fault-based divorce
Texas requires everyone who files for divorce to undergo a 60 day waiting period as part of the process. This waiting period can only be waived if your spouse has received deferred adjudication for a crime or been convicted of a crime that involves domestic violence against you or someone in your home, or if you have an active protective order for emergency protection against your spouse due to domestic violence that occurred during the marriage.
Is Texas a No-Fault State for Divorce?
Texas is a no-fault divorce state, meaning a divorce can be granted even if your spouse does not agree to it. For a no-fault divorce, you must claim that there is a conflict of personalities and there is no reasonable expectation of getting back together.
While Texas is a no-fault state, you still have the option to file for a fault-based divorce. However, proving fault is not mandatory for obtaining a divorce in Texas. Filing for a fault-based divorce may be relevant in certain situations, such as when it impacts issues like property division, spousal support, or child custody. For example, if adultery is proven, it may influence the court's decision regarding property division or spousal support.
Types of Divorce Proceedings in Texas
At Underwood & Associates, we understand divorce is never easy. But understanding the types of divorces available in Texas can help you make an informed decision. Our compassionate divorce lawyers will discuss which type of divorce works best for your family.
Uncontested vs. Contested Divorce
An uncontested divorce occurs when both parties agree on all major issues, such as property division, child custody, and financial support. This is often the quickest and easiest option given that it does not require extensive court involvement. This is the default divorce process in Texas.
Whereas, a contested divorce usually involves spouses who cannot agree to the terms of the divorce. Whether your spouse is intentionally creating conflict or simply disagrees with you on every issue, having an experienced divorce lawyer on your side is crucial to protect your best interests and ensure a more favorable outcome for you and your family.
No Fault vs. Fault-Based Divorce
A no-fault divorce is considered to be the default divorce process in Texas. The most common ground for a no-fault divorce is conflict of personalities, meaning the marriage has become irreconcilable due to conflict or discord.
Fault-based divorces often require proof of fault, such as adultery, abandonment, or cruelty. The importance of filing a fault-based divorce is the significant impact it can have on property division, child custody, and financial support. If you’re considering a fault-based divorce, consulting with a skilled McKinney divorce lawyer is essential to building a strong case.
Issues Addressed in Divorce Cases
Divorce proceedings encompass a range of complex legal and emotional issues. Here are some of the key areas that must be addressed:
Division of Property
- Equitable Distribution: Texas is an equitable distribution state, meaning marital property is typically divided fairly, but not necessarily equally.
- Identifying Marital Property: Determining which assets acquired during the marriage are considered marital property (e.g., homes, vehicles, retirement accounts) and which are separate property (e.g., inheritances, gifts).
- Dividing Debts: Fairly allocating marital debts, such as credit card debt, mortgages, and loans.
Spousal Support
- Determining Eligibility: Evaluating whether one spouse is entitled to spousal support (alimony) based on factors like earning capacity, duration of marriage, and the standard of living during the marriage.
- Calculating Support Amounts: Determining the appropriate amount and duration of spousal support, considering the needs of the receiving spouse and the financial resources of the paying spouse.
Child Custody
- Best Interests of the Child: Determining the best living arrangements for the children, considering factors such as their age, emotional needs, and relationships with both parents.
- Custody Arrangements: Establishing custody arrangements, such as joint custody, sole custody, and parenting time schedules.
- Child Support: Determining the appropriate amount of child support to be paid by the non-custodial parent based on child support guidelines.
Child Support:
- Calculating Child Support: Determining the appropriate amount of child support based on the child support guidelines, which consider factors such as the income of both parents, the number of children, and the cost of living.
- Enforcing Child Support Orders: Ensuring that child support payments are made on time and addressing any issues related to enforcement.
Addressing these issues with compassion requires a collaborative and understanding approach. While legal proceedings are necessary, prioritizing the well-being of all parties involved, especially the children, is paramount. Having an experienced family lawyer on your side will ensure the court proceeds with the children’s best interest in mind.
Why Choose McKinney Divorce Lawyers at Underwood & Associates?
Here's why an experienced attorney is essential:
- Advocacy: Your lawyer will advocate for your rights and best interests throughout the divorce process, ensuring your voice is heard.
- Legal Expertise: They possess in-depth knowledge of family law and can guide you through the complexities of the legal system.
- Negotiation and Mediation: Skilled attorneys can effectively negotiate with your spouse or their attorney to reach a fair and equitable settlement.
- Litigation Support: If necessary, your lawyer will prepare and present your case effectively in court.
- Emotional Support: Divorce can be emotionally draining. Your lawyer can provide support, guidance, and answer your questions throughout the process.
By engaging our experienced divorce lawyers, you can navigate the complexities of this challenging time with greater confidence and peace of mind, ultimately securing the best possible outcome for your future. Contact Underwood & Associates today to ensure your future is protected.
FAQs about Divorce in McKinney, TX
How much does a divorce lawyer cost in McKinney?
The complexity of your case, the number of issues in dispute (property, child custody, etc.), and the amount of time required by your attorney will significantly impact the overall cost.
Can I get a divorce without an attorney?
Yes, you can file for divorce without an attorney. However, it is generally recommended to consult with an attorney at least for initial guidance. Divorce law can be complex. Representing yourself can be challenging and may increase the risk of making costly mistakes that could negatively impact your outcome. If your divorce involves complex issues like significant assets, child custody disputes, or spousal support, it is highly advisable to seek legal representation.
Do I have to go to court for my divorce?
Whether you need to go to court depends on the specifics of your case. Uncontested divorces may not require a court appearance, while contested ones typically do.
How is property divided in Texas divorce?
Texas is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally. The court considers various factors when dividing property, including the length of the marriage, the contributions of each spouse, the earning capacity of each spouse, and the needs of any children. Separate property (assets acquired before the marriage, inherited, or received as a gift) is generally not subject to division in a divorce.
What happens if my spouse doesn’t agree to divorce?
If your spouse does not agree to the divorce, it becomes contested. This may require court intervention to resolve disputes over issues like property division, child custody, and support.
Having an experienced divorce attorney, like those at Underwood & Associates is crucial when facing opposition from your spouse. Your attorney can advocate for your rights and ensure that your interests are protected throughout the legal process.
