Divorce Lawyers in Plano

We Serve Collin County, Denton County, and the DFW Area

Facing a divorce can be one of life’s most difficult experiences. Along with the stress and emotional challenges, we understand that your and your family’s future can feel uncertain. Our divorce lawyers in Plano provide compassionate and experienced legal representation and support every step of the way.

At Warren & Migliaccio, we aim to achieve the best possible results for our clients during this challenging transition. Do not hesitate to schedule a consultation to discuss your unique situation and how we can help you navigate divorce.

What to Know About Filing for Divorce in Plano

The divorce process starts with submitting a divorce petition to the appropriate court in the county where you or your spouse meets the residency requirements. In order to file for divorce in Texas, one spouse must have been a Texas resident for at least six months prior to filing and must have resided in the county where the divorce is being filed for at least 90 days.

Texas recognizes no-fault and fault-based divorces, which you will outline in the divorce petition. A no-fault divorce means you are not providing a reason for the divorce beyond insupportability due to incompatibility or conflict that has destroyed the marriage with no chance of reconciliation. A fault-based divorce, however, requires proving that your spouse is responsible for the marriage breaking down.

Texas law requires a mandatory 60-day waiting period after filing before the divorce can be finalized unless domestic violence is involved. Generally, however, a divorce can take months to finalize if it is contested and even years if it goes to trial.

Understanding Uncontested vs. Contested Divorce in Plano, Texas

There are two primary paths to divorce in Texas: uncontested and contested divorce. An uncontested divorce means both spouses agree on all terms of their divorce, including division of property, child custody, and support arrangements. It is quicker, less expensive, and requires less court intervention than a contested divorce.

In contrast, a contested divorce means both spouses cannot agree on one or more divorce-related matters. This process may involve negotiation, mediation, and, if necessary, litigation to resolve unresolved issues. If the case goes to trial, a judge will make the final decision.

Our Plano Divorce Attorneys Help With All Types of Divorce-Related Issues

Divorce encompasses a wide range of issues that can significantly impact your life. The divorce process and aftermath can affect your personal and financial well-being and your relationship with your children. Our Plano divorce lawyers advocate for the best interests of our clients in all types of divorce-related matters, including:

Property Division

When it comes to property division in a Texas divorce, Texas is a community property state. This means that most property acquired by either spouse during the marriage belongs equally to both spouses and is subject to division.

However, Texas law does not guarantee a 50/50 split. Instead, the division must be “just and right,” giving the court discretion to consider various factors in its decision.

Our divorce lawyers in Plano work to protect your financial interests through the property division process. We offer experienced knowledge and support in several areas, including:

• Asset identification
• Uncovering hidden assets
• Asset valuation
• Property characterization
• Proving separate property
• Negotiating asset and debt division
• Enforcing prenuptial or postnuptial agreements
• Advocating for our clients in the courtroom

Child Custody

Child custody is generally the most stressful, concerning, and contentious issue for parents facing divorce. The outcome of a child custody case will affect their family’s future. At Warren & Migliaccio, we approach every child custody case with compassion and commitment to you and your child’s best interests.

We strive to help our clients reach agreeable parenting plans through negotiation or mediation. However, if you and your spouse cannot agree on a parenting plan, the court will decide. Generally, the court presumes that joint conservatorship is in the child’s best interest.

Joint conservatorship means that both parents share decision-making power, but the child primarily lives with one parent. The other parent has visitation rights.

However, we understand that in some cases, it may be in your and your child’s best interest to go to court. If you believe sole custody is best for your child’s safety and well-being, we are prepared to fight relentlessly to secure an arrangement that is best for you and your child.

Child Support

Child support is designed to ensure a child’s financial well-being and stability after a divorce. Generally, the parent with visitation rights, or the noncustodial parent, pays child support to the parent with primary physical custody or the custodial parent.

If both spouses cannot agree to child support payments, the court will decide based on state guidelines. Child support is typically calculated based on the noncustodial parent’s net monthly income and number of children. However, the court can weigh various factors affecting child support payments.

We recommend working with an experienced Plano divorce lawyer from our firm. We can help ensure that the amount of child support is fair and serves your child’s best interests.

Spousal Support

In Texas, obtaining spousal support through a court order is rare. The spouse seeking it must prove it is necessary based on specific criteria.

For example, criteria include proving their inability to meet their own minimum reasonable needs independently, the length of the marriage, any existing disabilities, or custodial responsibilities for a child. The court may also consider domestic violence within the marriage in its decision to award spousal support.

Whether you seek to obtain spousal support, or it is being sought from you, we help you navigate the process and represent your financial interests. We aim to ensure that you transition into the next chapter of your life with financial stability and security.

Serving Families in Collin County, Denton County, and the DFW Area

Our divorce lawyers in Plano represent individuals throughout Collin County and Denton County. For example, we often handle divorce cases in the following areas:

• Plano
• Frisco
• 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

Contact Our Divorce Attorneys in Plano for a Consultation

At Warren & Migliaccio, we shoulder the legal burden and help our clients navigate every aspect of divorce. We are ready to advocate for your best interests and help you successfully transition into your new chapter of life.

If you are facing divorce in Plano or the surrounding areas, do not hesitate to schedule a consultation with a Plano divorce attorney from our firm. We are happy to answer your legal questions about divorce and discuss how we can help you during a consultation. Call us at (888) 584-9614 or contact us online today.