Divorce Lawyers in Frisco | Frisco Family Law
Family Law Attorney Representing Clients in Grapevine, McKinney, Denton, and Frisco, TX
Our divorce lawyers in Frisco can help you in all matters of family law. Did you know that anywhere from 40 percent to 50 percent of married couples in the U.S. end up getting divorced? That information comes from the American Psychological Association (APA), and it makes clear that many Texas residents will need a divorce lawyer at some point.
If you have reached a moment in which you have decided to file for divorce, you should know that we are one of the law firms that regularly represents clients in the Frisco area, including in Grapevine, McKinney, and Denton, Texas. A family lawyer at our firm can discuss the divorce process with you today. Do not hesitate to get in touch with our divorce lawyers in Frisco.
What are the Requirements for Divorce in Frisco?
Frisco, like all other cities in the state, is governed by the divorce laws in Texas. According to these laws, a spouse must meet certain requirements before they can file for divorce. At least one of the spouses must have resided in Texas for a six-month period, and that time must have been continuous. Also, at least one of the spouses must have resided in Collin or Denton county for a minimum of 90 days if they wish to seek a Frisco divorce.
Divorces in Frisco also cannot be finalized until 60 days after one spouse files the petition. Divorces are only considered final when the judge pronounces them so in court and after the judge has signed the decree of divorce. While it is possible for a divorce case to finalize 60 days after the original petition is filed, it generally takes approximately six months to one year to finalize a case.
The amount of time your case will take will depend on the facts and complexities of your case. When speaking with your Frisco divorce attorney, it is always best to ask them how long they think your divorce may take based on the facts of your case.
How Much Does a Divorce Cost?
It is fairly well known that divorce is costly. In Frisco, the cost of your divorce will depend on whether you file in Denton County or Collin County. The filing fee in Collin County is typically a little higher than it is in Denton County. Other costs of your divorce will include your attorney’s fees, whether you are ordered to pay child support or spousal maintenance, and more. Just as a Frisco divorce attorney can advise on how long your case may take, they can also provide an estimate of how much it may cost.
Is Texas a No-Fault Divorce State?
Texas allows for both fault and no-fault divorces. When filing a no-fault divorce, you do not need to argue that your spouse was responsible for the breakdown of the marriage. You must only state that you have irreconcilable differences and that there is little chance of reconciliation.
If you file for divorce based on the grounds that your spouse was at fault, you must prove your accusations. You can file a fault-based divorce if you were subjected to cruelty during the marriage if your spouse committed adultery, or if your spouse is a convicted felon. You can also file a fault-based divorce if your spouse abandoned you for more than one year, if you lived apart from your spouse for at least three years, or if your spouse was confined in a mental facility for at least three years and there is little chance of improvement in their health.
When filing a fault divorce, it can have an impact on your case. For example, a judge may consider that your spouse had an affair and spent marital funds on their infidelity. That can help you secure a better settlement during asset division hearings. It is important to note though, that fault divorces have an increased likelihood for disputes, which means they can take longer and will likely cost you more in the end.
The Divorce Process in Frisco
Divorce is an emotional process, but it is also a legal one. It is important to be prepared for the process so you know what to expect. The divorce procedure in Frisco will typically consist of the following steps:
- The Original Petition for Divorce: One spouse will file the Original Petition for Divorce with the court. The divorce papers, including the petition, are then served to the other spouse, known as the respondent. Respondents must be personally served with the divorce papers unless they have legally waived this right.
- Temporary restraining orders: The spouse that filed the petition can ask the court to issue a temporary restraining order. The order can require that no assets are sold or transferred before asset division hearings, and it can also require the spouses to remain civil with each other and refrain from threatening or harassing tactics. If a temporary restraining order is issued, the court must set a date 14 days after the issuance of the original order to determine if the judge should remove the order. At this time, the court may also issue a temporary injunction against each party.
- The answer: If a temporary restraining order is not issued, the respondent has 20 days, plus the following Monday, to file their answer. At this time, a judge will also consider issuing temporary orders for child support, custody and visitation, and spousal maintenance.
- Discovery: If one spouse believes they have not received full disclosure from the other side, they can enter the discovery process. During discovery, each side exchanges information and documents, which can help clear up certain issues, including the division of assets.
- An agreement: At this point, the spouses may decide to enter into an agreement with each other about the different terms of the divorce, such as custody, maintenance, and child support. When an agreement is reached, one of the attorneys in the case will draft an Agreed Decree of Divorce that outlines the terms of the agreement. Each spouse and the attorneys involved must sign the agreement, and a judge will eventually sign it as well.
- Trial: If the spouses cannot reach an agreement, the case will go to trial.
- Mediation: Texas law requires that before a divorce case goes to trial, the parties must attempt mediation. Mediation is a process that involves the spouses, their attorneys, and a neutral third-party mediator. The mediator will attempt to foster compromise so the couple can reach an agreement. If an agreement is reached, it is sent to the judge for approval. If an agreement is not reached, the case will proceed to trial.
During a trial, the family law judge will hear all sides of the case and see all evidence. The trial concludes when the judge has made the final decision on all terms of the divorce. One of the attorneys involved in the case will draft a Final Decree of Divorce to the judge. Once the judge signs it, all matters are legally binding and the divorce is final.
Frisco Child Custody Lawyers
Child custody and child visitation can be extremely contentious issues in Frisco, and you should always have a visitation lawyer on your side. A parental lawyer at our firm can provide assistance for a child custody case in and around areas surrounding Frisco.
When you are thinking about child custody and visitation, you will need to know how Texas law uses these terms. Under the Texas Family Code, there is no such thing as child custody and visitation. Rather, the statute uses the terms of “conservatorship” and “possession.” In general, the court wants minor children to have frequent contact with both parents as long as it is in the child’s best interest.
Depending upon what the court sees as being in the child’s best interest, it can appoint a sole managing conservator (a situation where one parent makes the major decisions about the child’s upbringing) or it can appoint joint managing conservators (where both parents share in making major decisions about the child’s upbringing).
It is important to know that a family situation in which a sole managing conservator is appointed does not mean that both parents will not be able to spend equal amounts of time with their children. Both parents can still be appointed as possessory conservators.
Asset Division in Frisco, Texas
Texas is a community property state. Under Texas law, most assets and debts acquired by either spouse during the marriage will be classified as community property and will be divided in the divorce. When the court is deciding about types of property division, it takes into account what kind of division would be “just and right” according to Texas law.
While some community property states simply divide all community property 50-50 between the spouses, it is important to understand that asset division does not work that way in Texas. Rather. Property division involves a consideration of the rights of both parties and children from the marriage.
Contact Our Frisco Divorce Attorneys Today for More Information
Do you need assistance with a Frisco divorce, or do you have questions about filing for divorce in Texas? The divorce process can be complicated, especially since Texas law uses some terms that are distinct from many other states. You should know that our Frisco divorce attorneys have decades of experience and can speak with you today about your case.
Do not hesitate to contact Orsinger, Nelson, Downing & Anderson, LLP to find out more about how we assist clients with family law issues in Grapevine, McKinney, Denton, and Frisco.
ONDA Family Law
2600 Network Blvd, #200, Frisco, TX 75034