We Advocate for Families Throughout DFW and North Texas
Divorce is a significant legal and emotional process impacting your and your family’s future. If you are considering a divorce or have started the divorce process, do not hesitate to contact a divorce attorney in Dallas from our firm.
At Warren & Migliaccio, we offer comprehensive divorce services to individuals throughout North Texas. We have significant experience handling even the most complex divorce cases. Our team is here to ensure that your rights and best interests are protected every step of the way.
We understand that not every marriage can last, particularly when circumstances make divorce the most viable option for your long-term health and happiness. As someone considering a divorce, you likely have a long list of concerns and questions that need to be answered by a knowledgeable, honest source.
Our Dallas divorce lawyers are here to take the burden of uncertainty off your plate during this stressful time. During a consultation, we can discuss your situation and answer your legal questions. When you choose us, we look out for your best interests and guide you through the divorce process.
Types of Divorce Cases We Handle
We represent individuals in all types of divorce cases throughout Collin, Dallas, Denton, Rockwall, and Tarrant Counties. For example, our divorce attorneys in Dallas can help with the following divorce cases:
Uncontested or Agreed Divorce
An uncontested divorce is for spouses who agree on all terms of their divorce, including property division, child custody, and support arrangements. It is often preferred by couples who wish to dissolve their marriage amicably and quickly. In an uncontested divorce, you may simply need legal guidance to help you through the process. We can work with you during the process to ensure the divorce terms are in your best interest.
A contested divorce is one in which the spouses cannot agree on one or more critical issues, like property division or child custody. It may involve negotiation or mediation to resolve disagreements. The case will go to trial if the spouses cannot agree through negotiation or mediation. Contested divorces are often emotionally charged with more uncertainty of the future outcome. We understand the emotional and financial issues of these cases and take special care to be right by your side, answering all of your questions, and looking out for your best interests and the interest of your children.
A high-asset divorce involves spouses who have substantial and often complex financial assets. This type of divorce generally requires extensive experience and skill due to the intricacies of identifying, characterizing, valuing, and dividing complex assets. Our law firm provides the expertise and attention to detail necessary to secure a fair and equitable resolution for your case.
A military divorce is distinct due to the involvement of one or both spouses in military service. Military divorces require a deep understanding of state family law and federal military laws, particularly in areas like jurisdiction, division of military pensions and benefits, and accommodating the unique challenges of military life in child custody and support arrangements. Our team has the knowledge and experience to address these unique challenges.
Our team also helps with all types of divorce-related matters, including, but not limited to:
In a Texas divorce, property owned by either spouse is categorized as separate or community property. Separate property includes property that one spouse owned before the marriage or acquired individually during the marriage, typically as a gift or through inheritance. This property remains solely with the original owner after divorce.
In contrast, community property includes nearly all property acquired by either spouse during the marriage. Under Texas law, community property belongs equally to both spouses and is subject to division upon divorce.
While many assume a 50/50 split in property division, Texas law requires a “just and right” distribution, which does not always mean equal. The court considers various factors, including each spouse’s financial situation, contributions to the marriage, and future needs.
Our divorce lawyers in Dallas are committed to protecting your assets, minimizing your liabilities, and securing your financial future. A few ways we can help with property division include, but are not limited to:
- Asset identification and valuation
- Property characterization
- Proving separate property
- Asset tracing and uncovering hidden assets
- Division of debts
- Enforcing relevant prenuptial or postnuptial agreements
During a divorce, child custody is a deep concern for parents. It often becomes a focal point that can quickly become emotional and contentious when parents disagree.
At Warren & Migliaccio, we understand the stress and sensitive nature of child custody matters. Our divorce lawyers are committed to providing skilled and compassionate legal representation, striving to alleviate the legal burden while focusing on securing the best possible results for you and your child.
Whether you are prepared to co-parent with your ex-spouse or believe sole custody is needed for your child’s safety and well-being, we fight tirelessly for you and your child’s best interests. Our approach is comprehensive, encompassing negotiation, mediation, and, when necessary, litigation to protect your child’s best interest and your parental rights.
Child custody is called conservatorship in Texas. Typically, custody arrangements usually involve sole or joint managing conservatorship. Sole managing conservatorship, or sole custody, means the child lives primarily with one parent. That parent has the exclusive right to make key decisions about the child’s upbringing without input from the other parent.
Conversely, under a joint custody arrangement, both parents share decision-making power about the child’s upbringing. The child primarily lives with one parent, the custodial parent. The other parent, or non-custodial parent, receives visitation rights.
When parents cannot mutually agree on a parenting plan, the court intervenes, making decisions based on the child’s best interest. Texas law presumes that joint custody is in the child’s best interest unless there is a significant reason to suggest otherwise.
Child support is a crucial aspect of ensuring your child’s well-being after a divorce. In Texas, both parents must financially support the child after a divorce. Generally, the non-custodial parent, or parent with visitation rights, pays child support to the custodial parent or parent with primary physical custody of the child.
A judge will make child support decisions if parents cannot agree on child support. Child support is determined based on state guidelines, which primarily consider the non-custodial parent’s net monthly income and number of children. However, other child support factors may also be considered, such as the child’s age, specific needs, amount of time each parent spends with the child, and special educational or healthcare requirements.
Whether you are a custodial parent seeking to secure child support or a non-custodial parent aiming to ensure that payments are fair and manageable, we can help you protect your rights and your child’s best interests.
During a divorce, one spouse may agree to or be ordered by the court to pay spousal maintenance, known as spousal support or alimony, to their former spouse.
Texas law provides for spousal maintenance only under specific circumstances, making it difficult to obtain by court order. It may be considered when one spouse lacks sufficient property to provide for their basic needs post-divorce, has suffered domestic violence, has a physical or mental disability, has been married for at least 10 years, or is the custodial parent of a child with a disability.
We advocate for your financial interests, whether you seek to receive maintenance or the court obligates you to pay it.
Our Dallas Divorce Lawyers Serve Families Across North Texas
At Warren & Migliaccio, we represent individuals and families throughout North Texas. With two convenient office locations, one in Dallas and one in Richardson, we serve all of DFW and North Texas. For example, we often handle divorce cases in the following counties and cities:
- Collin County: Plano, Frisco, McKinney, Allen, Murphy, and Anna
- Dallas County: Dallas, Irving, Garland, DeSoto, and Farmers Branch
- Denton County: Denton, Lewisville, Little Elm, The Colony, Corinth, and Highland Village
- Rockwall County: Rockwall, Fate, and McLendon-Chisolm
- Tarrant County: Fort Worth, Arlington, North Richland Hills, Euless, Bedford, and Keller
Why Should You Consider Getting a Divorce Lawyer in Dallas?
Because divorce has significant implications, you should consider hiring a lawyer. A divorce attorney in Dallas can help you in the following ways:
- Advise you of your rights
- Explain the law to you
- Negotiate a fair settlement on your behalf
- Argue your position in court
- Obtain evidence of the assets, debts, and incomes of you and your spouse to support your case for spousal support, child support, or property division
- Ensure that you make the necessary legal arguments at the right time
- Fight to protect your relationship with your children
- Help you navigate the divorce process step-by-step
What Are the Requirements for a Divorce in Texas?
Before you can file for a divorce, you or your spouse must meet certain requirements. At least one spouse must be a Texas resident for at least six months before filing for divorce. Additionally, they must have resided in the county where the divorce is filed for at least 90 days.
What Is the Texas Divorce Process?
The process of divorce in Texas varies depending on many factors, such as whether it is an uncontested or contested divorce.
In an uncontested divorce, both spouses agree on all of the significant aspects of the divorce, like child custody, child and spousal support, and property division. This agreement expedites the divorce process.
Typically, both spouses work together to draft a divorce agreement outlining the terms of their divorce. Then, they sign it and present it to a judge, who may accept it and issue a Final Decree of Divorce, legally ending the marriage.
If you and your spouse disagree on one or more critical issues, you will need to file for a contested divorce. Generally, you can expect the Texas divorce process to look like the following:
- Divorce petition. The process officially begins when one spouse, called the petitioner, files a Petition for Divorce with the court. This document states information about each party, the grounds for divorce, and requests about property division, child custody, and other matters.
- Service of process. The petitioner must serve their spouse, called the respondent. Unless the respondent agrees to a waiver of service, a sheriff, process server, or other legal party must formally serve them.
- Respondent’s answer. The respondent can file a response with the court, stating any disagreements or additional requests.
- Temporary orders. In contested divorce cases, temporary orders may be necessary while the divorce is pending. Temporary orders dictate matters like child custody and child support until the divorce is finalized.
- Trial. If both spouses cannot agree on divorce terms through negotiation, mediation, or alternative dispute resolution, the divorce will go to trial. The court will hear evidence from both sides, decide on all unresolved issues, and issue a Final Decree of Divorce.
Related: Texas divorce process and timeline
How Long Does a Divorce Take in Texas?
Texas has a mandatory 60-day waiting period from when one spouse files the Petition for Divorce until the divorce can be finalized. This period allows for the possibility of reconciliation. However, the waiting period for divorce may be waived in cases of domestic violence.
Uncontested divorces are quicker and can be finalized soon after the mandatory waiting period of 60 days. It can technically become final 61 days after the divorce petition is filed.
Contested divorces, however, can take many months or even years, depending on the complexity of the issues and whether a trial is needed. If the case goes to trial, the length of the trial is dependent on the court schedules.
Texas Divorce FAQ
Our divorce lawyers in Dallas have met many clients with questions that may be similar to yours. Listed below are some of the most common questions our clients ask:
How long do I have to live in Texas before seeking a divorce?
Generally, you or your spouse must have lived in Texas for at least six months before filing for divorce. Additionally, one of you must have lived in the county where your divorce case is filed for at least 90 days.
Where can I file my divorce in Texas?
You or your spouse must have lived in Texas for the past six months to file for a Texas divorce. The appropriate county to file in is the county you or your spouse have lived in for the last 90 days.
What are the grounds for divorce in Texas?
Texas recognizes both no-fault and fault grounds for divorce. Most people file based on no-fault grounds that do not accuse their spouse of having done anything wrong to cause the divorce. No-fault grounds for divorce in Texas include insupportability and living apart for at least three years.
Other grounds for divorce include:
- Conviction of a felony
- Confinement in a mental hospital
- Alcohol or substance abuse
- Impotence or infertility
What is the difference in filing a divorce in Texas under fault or no-fault grounds?
A no-fault divorce does not accuse you or your spouse of misconduct. In a fault divorce, you must first establish the legitimacy of your grounds for divorce and then argue for the relief you request from the court. In a fault divorce, you may be entitled to more relief by showing your spouse was at fault, such as an unequal distribution of marital assets in your favor. An experienced Dallas divorce lawyer from our firm can review your situation and advise you on the best ground to use when filing for divorce.
What is the most common ground for divorce in Texas?
The most common ground for divorce is no-fault divorce or insupportability.
Should I pursue a contested or uncontested divorce?
The type of divorce you pursue depends on whether you and your spouse agree on divorce-related issues. For example, do you agree on how to divide marital assets and debts, child custody matters, child support, and spousal support?
You may be able to file an uncontested divorce if you and your spouse agree on every issue. However, if you disagree on one or more divorce-related issues, you will need to file for a contested divorce.
What are the benefits of an uncontested divorce?
An uncontested divorce is less expensive and faster. It is also generally easier, particularly if you have the help of a Dallas divorce attorney who can address any unexpected and complicated legal surprises or questions that arise along the way.
What types of decisions will the Texas family court make?
You and your spouse are free to make decisions about your divorce on your own, through mediation, or with the help of lawyers. However, if you cannot reach decisions about the terms of your divorce, the court will make the decisions for you. The court can make decisions about the following:
How is marital property split in Texas?
If you and your spouse are unable to reach an agreement about how to split your property, the court will go through the following process to split it up between the two of you:
- Characterization. The court will classify property as community property or separate property. Community property is the property acquired during the marriage by either spouse, including income, debts, and retirement accounts. Separate property is property received before the marriage, a gift or inheritance to an individual spouse, or property considered separate by agreement (like a prenuptial agreement).
- Valuation. The court will determine the value of community property.
- Division. The court will divide community property equitably, which is “fair and just” but not necessarily a 50/50 split.
While these questions are among the most common, we know they are only the tip of the iceberg regarding your concerns about your future. If you have a legal question about Texas divorce that is not listed, do not hesitate to schedule a consultation with us about your situation. We understand you may have specific questions about your unique circumstances and are here to help you.
Schedule a Consultation With a Divorce Attorney in Dallas From Our Firm
Divorce can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas divorce attorneys is ready to provide you with the guidance, support, and legal advocacy you need during this difficult time.
Whether you are facing a contested divorce, dealing with high-asset complexities, or navigating child custody issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.