Family Lawyers & Divorce Attorneys In Arlington, TX
Texas Divorce Lawyers Serving Clients in Arlington
Our Arlington divorce attorneys are ready to help you and give you peace of mind. Filing for divorce in Arlington, Texas, or facing another type of family law matter is never easy. Legal issues that impact a family can be extremely contentious, and they can be more emotionally difficult than other kinds of legal cases. No matter what type of family law issue you are facing, an Arlington family lawyer at our firm can discuss your case with you today and help you to consider the options that may be available to you. We are one of the top law firms in Texas, and we regularly serve clients throughout the Arlington area. A divorce lawyer at Orsinger, Nelson, Downing & Anderson, LLP can say more.
No-Fault vs. Fault Divorces in Arlington, TX
Texas is a unique state because it allows spouses to file for divorce based on fault and no-fault grounds. The terminology used in Arlington, as throughout the rest of Texas, is different from other states. To file a no-fault divorce, you must file on the grounds of insupportability. When filing on the grounds of insupportability, the court will not consider fault when granting a divorce but deem that discord and conflict have destroyed the marital relationship and that it is no longer supportable.
You can also file on the grounds of fault, and the different grounds are outlined below. However, when you accuse your spouse of wrongdoing that resulted in the end of the marriage, you must present clear and substantial evidence that your spouse is at fault. This can result in your case taking longer to resolve, and it can increase the cost of the divorce, as well. Still, if you are successful in proving your spouse’s behavior led to the divorce, it can help you secure a more favorable settlement.
Grounds for Divorce in Arlington, TX
If you are filing a divorce on the grounds of fault, there are six grounds that may apply. These include:
- Cruelty: If your spouse was cruel to you or your children during the marriage, this can provide grounds for divorce. To file on the grounds of cruelty, the behavior must have made it impossible to continue living with your spouse. Physical abuse often satisfies these requirements, but the cruelty does not have to be physical.
- Adultery: The definition of adultery is quite vague within the Texas Statutes but generally speaking, it refers to extramarital sexual relations. Many defenses to claims of adultery have been struck down over the years. If you consented to the adultery, this can serve as a defense, but only if the court believes there is a reasonable chance of reconciliation.
- Felony conviction: If your spouse has been convicted of a felony, has been in jail for over one year, and has not been pardoned of the offense, that can serve as grounds for divorce. Individuals often file on these grounds because the spouse is not able to act as a proper spouse or parent while they are in jail. It is important to note that you cannot file on these grounds if your testimony resulted in a federal conviction.
- Abandonment: Abandonment is defined as when one spouse leaves the other and has no intention of returning. To file on these grounds, your spouse must have abandoned you for at least one year.
- Living apart: Filing for divorce on the grounds of living apart is similar to filing for no-fault divorce, but it is still considered a fault divorce. If you and your spouse have not lived together for more than three years, you can file on the grounds of living apart. The standard for proving living apart is not as strict as proving abandonment, as you only have to prove that you do not live together.
- Confinement in a mental hospital: If your spouse has been confined in a mental facility for at least three years, and there is little chance they will get better or a likely chance that your spouse will relapse, it can serve as grounds for divorce.
Again, proving fault in a divorce case is never easy. An Arlington, TX divorce lawyer can help you collect evidence and prove your case so you secure a better settlement. A lawyer will also advise you on other elements of fault. For example, your spouse can raise the argument of adultery at any time during the divorce process, which could hurt your case. As such, it is best to put off dating until your divorce case is final.
Arlington, Texas Child Custody Cases
Did you know that Texas child custody law actually uses the terms “conservatorship” and “possession” instead of employing some of the terms that other states use to discuss custody, such as legal and physical custody or parenting time? You might be wondering: if I need help with child custody or child visitation, what do I need to know about conservatorship and possession?
Conservatorships are assigned based on the best interest of the child. As the statute underscores, “the best interest of the child shall always be the primary consideration of the court in determining the issue of conservatorship and possession of and access to the child.” It is Texas public policy that kids will have “frequent and continuing contact with both parents who have shown the ability to act in the best interest of the child.” However, those parents might be assigned different types of conservatorship. A managing conservator makes significant decisions about the child’s upbringing. Courts can appoint a sole managing conservator, or both parents can be joint managing conservators. A possessory conservator is a parent who spends time with the child and provides care on a day-to-day basis. Both parents can be possessory conservators regardless of whether they are both managing conservators.
In addition to custody, we can also help with child support and other matters pertaining to minor children.
Asset Division in Arlington, TX
What should you know about types of property division if you are getting divorced in Arlington, Texas? Property division, which is also known as asset division, will occur under the terms of Texas community property law. In general, if a couple gets divorced, “the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.”
Assets and debts are classified either as community or separate property, and community property is divided. Texas law recognizes a presumption of community property unless one of the parties can prove otherwise. Our Arlington divorce attorneys are well versed in Texas asset division law.
Do You Need an Arlington, TX Divorce Lawyer?
Many people think they can enter into the divorce process on their own, particularly if the spouses are still quite civil and amicable with each other. However, too many of these individuals find out too late that by choosing to go it alone, they forfeit their rights and do not secure the fair settlement they deserve. To ensure this does not happen to you, it is important to work with an Arlington, TX divorce lawyer so you can reap the following benefits:
- Assist with paperwork: There is an incredible amount of paperwork involved in the divorce process. Completing all of this paperwork, knowing how and when to file the different documents, and the procedural rules involved are all overwhelming tasks if you have never done it before. With a lawyer by your side, they will complete that paperwork for you and make sure there are no mistakes.
- An objective voice: There is little in life that is as emotional as going through a divorce. Your emotions will run high, and you may not always think with a clear head. A divorce lawyer in Arlington, TX can prevent you from making rash decisions or rush to a settlement simply because you want the process to be over.
- Advice: No two divorce cases are exactly the same, and the law applies differently to each circumstance. A lawyer can provide the professional and expert advice you need, inform you of your rights, and make sure they are upheld by the other side.
- Relieve your stress: A lawyer cannot prevent you from experiencing any stress whatsoever during your divorce case, but they can help to reduce it. Divorce cases are always very stressful but a lawyer will communicate with the other side for you, and take care of every detail of your claim.
- Financial security: The main reason people do not hire a divorce lawyer is that they think they cost too much money. However, working with a lawyer will actually save you money in the long run because they can advise you when a settlement offer is unfair and will negatively impact you for years to come.
While there is no law that requires you to work with a divorce lawyer, doing so is always in your best interests. Divorce is an extremely difficult process, and you do not have to go through it alone.
An Arlington Family Lawyer Can Help
At Orsinger, Nelson, Downing & Anderson, LLP, we have more than 25 years of experience representing clients in a wide variety of family law matters. We regularly represent clients in cases concerning divorce, child custody, child support, asset division, marital agreements, and other issues affecting families. If you need help with your divorce or another family law matter, it is important to get in touch with our Arlington, TX divorce attorneys as soon as possible. Contact Orsinger, Nelson, Downing & Anderson, LLP today to learn more about the services we provide to Texans.