Serving Collin County, Denton County, and the DFW Area
Facing a divorce can be one of the most challenging periods in your life, marked by stress, emotional turmoil, and uncertainty about the future. Our experienced divorce lawyers in Frisco are here to handle the legal burden and advocate for your best interests every step of the way.
At Warren & Migliaccio, we are committed to helping you navigate this difficult time with compassionate and knowledgeable legal advocacy. We aim to obtain the best possible results for you and your family. Contact us today to schedule a consultation about your situation.
What to Know About Filing for Divorce in Frisco, Texas
Filing for divorce in Texas requires meeting specific residency requirements. One spouse must have resided in the state for six months and in the county of filing for at least 90 days before filing divorce papers.
Texas allows for no-fault divorces, meaning you do not have to prove your spouse did something wrong to get a divorce. Instead, you can cite insupportability as the reason, meaning the marriage has become irreconcilable due to “discord or conflict of personalities that destroys the legitimate ends of the marital relationship” with no expectation of reconciliation. Examples of fault-based grounds include cruelty, adultery, felony conviction, and abandonment. In many cases, the spouse filing may choose insupportability to maintain privacy.
Texas typically has a mandatory 60-day waiting period from when you file for divorce until the divorce can be finalized. However, unless the divorce is uncontested, it generally takes months or even years to finalize a divorce.
Uncontested vs. Contested Divorce in Frisco, TX
Divorces generally fall into two primary forms: uncontested and contested. An uncontested divorce means both spouses agree on all divorce terms, including property division, child custody and support, and spousal support. This type of divorce is faster, less expensive, and involves less time in court.
Even if you believe your divorce will be uncontested, we recommend consulting with an experienced Frisco divorce lawyer. An attorney can guide you through the process and ensure that the agreement is fair, aligns with your best interests, and complies with Texas laws.
On the other hand, a contested divorce occurs when spouses cannot agree on one or more key issues, leading to a more involved divorce process. A contested divorce is generally more time-consuming and expensive. These cases can also be contentious and emotionally tolling, especially when children are involved.
You and your spouse may be able to reach an agreement on unresolved issues through negotiation or mediation. If not, your case will go to trial, where a judge will decide.
Sometimes, going to trial is the only way to protect your best interests. However, when possible, we recommend working toward a settlement so that you have control over the terms of your divorce.
How Our Frisco Divorce Lawyers Can Help You Navigate Divorce
Our dedicated team can help you navigate the entire divorce process, including common divorce-related issues, such as:
Property Division
Property division involves dividing assets and debts acquired during the marriage. Texas is a community property state, meaning nearly all assets and debts acquired by either spouse during the marriage are considered equally owned and subject to division upon divorce.
Only separate property is not subject to division. Separate property refers to assets owned by either spouse before the marriage or acquired as gifts or inheritances during the marriage.
Our divorce attorneys in Frisco strive to achieve the best possible outcomes for our clients, which includes safeguarding their financial futures after divorce. We have significant experience with the following:
- Asset identification, including uncovering hidden assets
- Asset valuation
- Property characterization
- Identifying and proving separate property
- Negotiating equitable divisions of marital assets and debts
- Enforcing applicable prenuptial or postnuptial agreements
- Advocating for our clients’ best interests in court
Child Custody
Navigating child custody or conservatorship is one of the most sensitive and contentious challenges divorcing spouses face. We aim to help our clients reach an agreeable parenting plan without court intervention. However, if litigation is needed to protect your and your child’s best interests or you and your spouse cannot agree on a parenting plan, the court will decide, and we will fight for you every step of the way.
In most Texas custody cases, parents share decision-making power about the child’s upbringing. Typically, the child will live primarily with one parent, the custodial parent. The other parent, the noncustodial parent, will get visitation rights. This arrangement is joint conservatorship.
However, there are circumstances in which sole conservatorship or sole custody may be best for the child’s welfare and safety. Sole conservatorship means the child primarily lives with one parent, who has the exclusive right to make decisions about the child’s upbringing.
Child Support
Child support plays a critical role in ensuring that a child’s financial needs are met following their parents’ divorce. The goal is to ensure that the child maintains a standard of living comparable to what they would have experienced if the family had remained intact. Generally, the noncustodial parent pays child support to the custodial parent to support the child.
If both spouses cannot agree on child support, the court will determine it based on state guidelines. Generally, the court calculates it based on the noncustodial parent’s net monthly income and number of children. However, the court may also consider other factors, such as the child’s needs, the parenting plan, and each parent’s circumstances.
Whether you need to secure a child support order or are a noncustodial parent who wants to ensure that it is fair, a Frisco divorce attorney from our firm can help you protect your and your child’s rights and best interests.
Spousal Support
Spousal support, or alimony, is called spousal maintenance in Texas. Generally, the court only awards it if the spouse seeking support will lack sufficient property when the divorce is finalized to provide for their minimum reasonable needs and meets additional criteria.
For example, the spouse seeking it must typically prove that they cannot provide for themselves due to physical or mental disability, custodial responsibilities for a child with special needs, or another valid reason. The court may also consider spousal support if the spouse from whom maintenance is requested committed domestic violence against the spouse seeking support or their child.
An experienced divorce attorney in Frisco from our firm can help you navigate spousal support matters, protecting your financial interests as you transition into the next chapter of your life.
Where Our Frisco Divorce Attorneys Serve
Our divorce lawyers in Frisco represent individuals throughout Collin County and Denton County. For example, we often handle divorce cases in the following cities:
- Frisco
- Plano
- McKinney
- Allen
- Denton
- Carrollton
- Lewisville
- Flower Mound
- Little Elm
- The Colony
We also handle divorce cases throughout the DFW area, including:
- Dallas County: Dallas, Irving, Garland, Grand Prairie, Richardson, DeSoto, and Farmers Branch
- Rockwall County: Rockwall, Fate, and McLendon-Chisolm
- Tarrant County: Fort Worth, Arlington, North Richland Hills, Euless, Bedford, and Keller
Schedule a Consultation With Our Frisco Divorce Lawyers
Divorce may be one of the most challenging experiences of your life, and you should not face it alone. At Warren & Migliaccio, our team can shoulder the legal burden, providing you with the compassionate and experienced support and representation you need during this pivotal time.
Do not hesitate to contact our divorce lawyers in Frisco to discuss your situation. We can answer your legal questions and discuss how we can help you through every step of the divorce process. Call us at (888) 584-9614 or fill out and submit our online contact form to schedule your consultation.