Family or Divorce Assistance

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Are you & your spouse in agreement over the terms of your divorce?

Select one We are not in agreement We agree on most issues We agree on everything

How soon do you wish to file for divorce?

Select one Immediately 1 to 3 months 3 to 6 months 6 to 9 months Attempting to reconcile

How will you finance your divorce case?

Select one Borrowing Personal savings Family support Current income I cannot afford legal fees I will discuss payment Options with My Lawyer

Your current income

Select one $0.00 - $10,000.00 $10,000.00 - $20,000.00 $20,000.00 - $30,000.00 $30,000.00 - $40,000.00 $40,000.00 - $50,000.00 $50,000.00 - $60,000.00 $60,000.00 - $70,000.00 $70,000.00 - $80,000.00 $80,000.00 - $90,000.00 $90,000.00 - $100,000.00 $100,000.00 - $110,000.00 $110,000.00 - $120,000.00 $120,000.00 - $130,000.00 $130,000.00 - $140,000.00 $140,000.00 - $150,000.00 $150,000.00 - $160,000.00 $160,000.00 - $170,000.00 $170,000.00 - $180,000.00 $180,000.00 - $190,000.00 $190,000.00 - $200,000.00 $200,000.00 - $210,000.00 $210,000.00 - $220,000.00 $220,000.00 - $230,000.00 $230,000.00 - $240,000.00 $240,000.00 - $250,000.00 More than $250,000

Spouse's current income

Select one $0.00 - $10,000.00 $10,000.00 - $20,000.00 $20,000.00 - $30,000.00 $30,000.00 - $40,000.00 $40,000.00 - $50,000.00 $50,000.00 - $60,000.00 $60,000.00 - $70,000.00 $70,000.00 - $80,000.00 $80,000.00 - $90,000.00 $90,000.00 - $100,000.00 $100,000.00 - $110,000.00 $110,000.00 - $120,000.00 $120,000.00 - $130,000.00 $130,000.00 - $140,000.00 $140,000.00 - $150,000.00 $150,000.00 - $160,000.00 $160,000.00 - $170,000.00 $170,000.00 - $180,000.00 $180,000.00 - $190,000.00 $190,000.00 - $200,000.00 $200,000.00 - $210,000.00 $210,000.00 - $220,000.00 $220,000.00 - $230,000.00 $230,000.00 - $240,000.00 $240,000.00 - $250,000.00 More than $250,000

Do you currently live
with your spouse?

yes no

Has a divorce case
been filed in court?

yes no

Do you have an attorney?

yes no

What property do you and/or your spouse own?

home

vehicle(s)

vacation home

jewelry

pension

stocks/bonds

IRA

other

Number of children
with your spouse:

Select one 0 1 2 3 4 5 6

Children live with:

Select one Mother Father Both Other

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of children:

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Dallas Divorce Lawyer | Dallas Family Lawyer | Dallas TX Family Law Firms

Texas Marriage Summarized

There are two basic types of marriage in Texas: ceremonial and common law. Both are dissolved (ended) by death, divorce, or annulment. There is no common law divorce in Texas. In a ceremonial marriage, a couple follows laws and procedures specified by the State of Texas so the marriage is officially recognized. The requirements of a ceremonial marriage are that the couple obtain a marriage license and voluntarily participate in a ceremony led by an authorized official.

An informal or “common law” marriage in Texas is a marriage between a man and woman who did not get a marriage license, did not participate in a marriage ceremony, agree to be married (usually the hardest "prong" to prove), live together as husband and wife, and hold themselves out to others as husband and wife.

Texas Divorce Summarized

Ending a marriage (dissolution of marriage) requires at least one of the spouses to file a lawsuit. A lawsuit for the dissolution of marriage includes: (1) divorce, which is the way to end a ceremonial or common law marriage, or (2) a suit for annulment or to declare a marriage void, which is brought when there has been some legal reason why the marriage was not valid. An experienced Dallas family lawyer or divorce attorney can help you understand, if there is any question, what kind of marriage you have and what you need to file to begin your divorce or annulment.

When Children Are Involved

When a married couple with a child wants to dissolve their marriage and files for divorce, Texas requires them to also file a suit affecting the parent-child relationship (SAPCR). If the spouses or parents of the child cannot agree, the family law judge will be required to determine:

1. Who pays for child support and health care insurance for the child;
2. Custody of the child (sole or joint managing conservatorship);
3. Visitation (parenting plan with standard or extended possession order) and special provisions for a child under age three; and
4. Rights and duties of the parents with regard to the child.

Division of Marital Property and Debt

Texas is a community property state. This means that there are two categories of property: c ommunity property and se parate property.

Separate property is:

1. Property owned prior to marriage;
2. Property acquired at any time by inheritance or gift (from others or from a spouse);
3. Recoveries for personal injuries sustained by a spouse during marriage (except for loss of earnings); and
4. Property exchanged for other separate property.

Community property is:

Property, other than separate property, acquired by either spouse during marriage, generally including wages. There is a presumption in Texas that all the property owned by either spouse is community property. This is known as a "rebuttable presumption."

A family law judge is not permitted to award the separate property of one spouse to the other in a divorce. A spouse claiming that certain property is separate must prove it by clear and convincing evidence. To do this, usually he or she must trace the separate property from the date it was acquired to show it legally belonged only to the spouse who is claiming it as separate property. A spouse often has trouble doing this when the separate property was money that was deposited into an account that also held community funds. Sometimes separate and community property become so commingled that it is not possible or cost-effective to show where the separate property came from or where it went. Appreciation or increase in value of separate property is generally considered to be separate property, but the income or interest earned on separate property is community property.

Division of Community Property by Divorce

In Texas, community property is divided in a “just and right” manner. However, “just and right” does not mean “equal.” If the spouses cannot agree on the division of their marital community property and community debts (including tax liabilities), the family court judge will make a "just and right" award. When dividing community property, a judge may consider, among other factors, differences in the spouses’ earnings, the type of property, the amount of separate property each spouse owns, and fault for the failure of the marriage. A good rule of thumb is to start with 50/50 and go from there.

To get a clear idea of community marital property and the separate property each spouse claims, your Dallas divorce attorney or family lawyer may ask both spouses to list everything in a formal, sworn Inventory and Appraisement. To obtain a “just and right” division, your Dallas family attorney may advise you to hire expert appraisers to determine the value your home, business, investments, insurance proceeds, real estate, pension, or retirement plan if you and your spouse cannot agree on these numbers.

Temporary Restraining Orders and Temporary Spousal Support

The spouse filing for divorce can request a standard Temporary Restraining Order, which requires that both spouses be civil to each other, not threaten and harass each other, not steal each others' cars, mail, or bank accounts, not cut off each others' phone, gas, utilities, credit cards, or insurance, or hide the children. You will have to attend a hearing within fourteen days, at which time the judge will likely convert the Temporary Restraining Order, or some provisions of it, into a temporary injunction against both of you (meaning that the restrictions will last until the divorce is finalized). The judge may also issue temporary orders which are the rules you and your spouse will live under while the divorce is being processed. Temporary orders usually address temporary custody, visitation and support of the children, payment of bills, and use of the home. The TRO can include a temporary amount of money one spouse pays to the other (temporary spousal support), and payment of attorney’s fees.

A Temporary Restraining Order may sound like a good idea in general for all divorces, but it is something that should be done only when it is truly necessary. Talk to your Dallas divorce lawyer about the pros and cons of getting a Temporary Restraining Order. First off, the process to get a Temporary Restraining Order is quite expensive, the orders apply to both of you (not just to the other spouse), and the very filing of it usually causes substantial conflict and mistrust between the spouses right from the beginning of the divorce. Many times, the issues the Temporary Restraining Order covers could have been worked out informally, and choosing not to resolve these issues informally often makes it harder to cooperate in reaching important agreements with each other later.

Spousal Maintenance (Alimony)

Court Ordered Alimony:  A judge can order a spouse to pay alimony after divorce if certain maintenance (alimony) factors are met: the marriage lasted at least ten years, the spouse does not have enough property to meet his or her minimum reasonable needs, or cannot support him or herself because of disability, caring for his or her own disabled child, or lack of earning capacity. To qualify, the spouse must look for appropriate employment or show that he or she is trying to develop the skills to support him or herself. Another way to get statutory alimony is if a spouse was convicted of family violence or received deferred adjudication within two years before the divorce was filed or during the time it was pending.

Amount and Length of Time Paid: The court may order alimony for a reasonable length of time (not more than three years), or as long as the spouse’s or child’s disability continues unless ended by death of either party or the receiving spouse remarries. The amount must be reasonable but not more than $2,500 per month or twenty percent of the paying spouse’s average monthly gross income. The court will consider each spouse’s financial resources, their education and skills, any marital misconduct, contributions of one spouse to raising children or to the advancement of the others' career, education, and ability to earn money; and efforts to look for employment counseling.

Contractual Alimony: A spouse may voluntarily agree to pay the other spouse a sum of money paid periodically after the divorce. This agreement becomes a contract between the spouses. If a spouse breaches this contract by refusing to pay, the other spouse must file suit for breach of contract in the civil courts. A former spouse cannot try to enforce payment of contractual alimony in the family law courts through fines or contempt.

Divorce Often Necessitates a Career Change or Return to Employment

After a divorce, your financial situation may change drastically. You may find yourself having to support multiple people on a single income, or having to change careers altogether. Whatever the situation, now would be a good time for bettering yourself and your career opportunities. For more information, contact one of these programs:

Dallas Area Banks

You will need to open separate bank accounts after your divorce.  Here are some banks in or near Dallas:

A Dallas, Dallas County family attorney will zealously pursue your divorce through trial, if necessary. Call now for an explanation of your legal rights and options.

Serving clients throughout Central Texas, including Addison, Allen, Arlington, Audelia, Balch Springs, Bedford, Cedar Hill, Carrollton, Cockrell Hill, Coppell, Dallas, Dalrock, De Soto, Duncanville, Farmers Branch, Ft. Worth, Forney, Garland, Glenn Heights, Grapevine, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Lewisville, Mansfield, Mesquite, Midlothian, Murphy, Plano, Richardson, Rockwall, Rowlett, Sachse, Seagoville, Sunnyvale, Trinity Mills, University Park, Wilmer, Wylie, areas in the vicinity of Dallas-Ft. Worth International Airport, and other communities in Collin County, Dallas County, Denton County, Kaufman County, and Rockwall County.