Divorce Attorney Fort Worth TX
HELPING CLIENTS IN TARRANT COUNTY THROUGH THE DIVORCE PROCESS
At The Law Office of J. Kevin Clark P.C., every client receives personal attention from an approachable, caring divorce attorney with decades of experience in Texas courts. We are solution-focused and sensitive to unique family dynamics. We know and respect the values that matter to people in Fort Worth and surrounding communities.
From day one through the resolution of your case, you can reach your divorce lawyer and get straight answers. Our firm is a premier resource for business owners, American Airlines employees, military personnel, and their spouses in Fort Worth, TX. We help people across the spectrum of life in Tarrant County, including Keller, Southlake, Colleyville, Hurst, Euless, and Bedford, Texas.
We have a specific strength in divorce cases with high or valuable assets. We access our lasting relationships with highly qualified accountants, business appraisers, and other professionals.
WHAT DO DIVORCE LAWYERS DO?
Divorce lawyers provide legal advice and representation to individuals who are filing for divorce. They also provide advice on the legal process of ending your marriage. They can provide advice on the best way to proceed in your case, help you understand your rights and responsibilities, and represent you in court if necessary.
DIVORCE LAWS IN TEXAS
Divorce laws in Texas are guided mainly by statutes under the Texas Family Code. Under these laws, a divorce is known as a “dissolution of marriage” and can be obtained through mutual agreement or litigation. To file for divorce in Texas, both parties must meet the residency requirement of having lived in the state for six months before filing. Those who have children must also participate in an approved parenting course before receiving a divorce decree.Texas courts will grant equitable distribution and community property division when divorcing, meaning that all assets and debts acquired during the marriage are divided equally between spouses unless there is evidence demonstrating otherwise. However, alimony payments are not commonly awarded in Texas due to the state’s “no-fault” divorce laws. Additionally, if one party is at fault for causing irreparable harm or impairment to the marriage being dissolved, they can be held liable for damages caused to their spouse.
IS TEXAS A NO-FAULT DIVORCE STATE?
Yes, Texas is a no-fault divorce state. This means that when filing for divorce in Texas, the petitioner must only provide evidence that the marriage has become insupportable due to “discord or conflict” of personalities between them and their spouse, which prevents any reasonable expectation of reconciliation. This can include evidence demonstrating problems such as mental cruelty, adultery, abandonment, or substance abuse. However, even with this proof, the no-fault laws still provide that divorcing couples should attempt to settle their differences rather than relying on finger-pointing and blaming each other for the breakdown of their marriage.
CONTESTED VS. UNCONTESTED DIVORCE TEXAS
There are two types of divorce in Texas: contested divorce and uncontested divorce.
Contested Divorce: A contested divorce is when the two parties are unable to reach an agreement on one or more issues. These issues can include child custody, spousal support, property division, etc. For a contested divorce, the court will hold hearings and make decisions on the issues where a couple cannot agree which can be a lengthy and costly process and may require the aid of attorneys.
Uncontested Divorce: An uncontested divorce is when the two parties agree on all the issues pertaining to their divorce, and nullifies the need for a court hearing. This is typically a faster and less expensive way to approach divorce compared, but will still require the filing of legal documents and the approval of a judge.
An uncontested divorce can be finalized in as little as 60 days in Texas, while a contested divorce can take much longer.
HOW TO FILE FOR DIVORCE IN TEXAS
When filing for divorce in Texas, it is important to understand the process. The divorce process can take anywhere from two months to two years, depending on the complexity of the divorce and the willingness of the parties to cooperate.
Steps for Filing Divorce in Texas:
- Meet residency requirements
- File a Petition for Divorce including all important information
- The filing spouse must serve copy of petition to the other spouse
- Other spouse can respond and can file a Counter-Petition
- Submit an agreed divorce decree to court (uncontested divorce)
- If spouses are unable to come to an agreement, issues are decided in a trial (contested divorce)
Steps Explained to File Divorce in Texas
In order to file for divorce in Texas, the filing spouse must meet certain residency requirements. The filing spouse must have been a resident of Texas for the past six months, and a resident of the county where the divorce is filed for the past ninety days. Once the residency requirements are met, the filing spouse can file a Petition for Divorce with the court. The Petition must include information about the spouses, the marriage, and any children of the marriage. The Petition must also include the grounds for divorce and any requests for relief, such as child custody, child support, or spousal support.
Once the Petition has been filed, the other spouse must be served with a copy of the Petition. The other spouse has the opportunity to respond to the Petition and can also file a Counter-Petition with the court. If the spouses are able to come to an agreement on the terms of the divorce, they can submit an agreed divorce decree to the court. If the spouses are unable to come to an agreement, the court will hold a trial to decide the issues in dispute. If the spouses are able to agree on the terms of the divorce, the court will typically grant the divorce within two months of the filing of the Petition. If the spouses are unable to come to an agreement, the court will hold a trial to decide the issues in dispute, and the divorce process can take up to two years.
At the Law Office of J Kevin Clark P.C., we understand that filing for divorce in Texas can be a difficult and emotional process. We are dedicated to helping our clients in Fort Worth and the surrounding area navigate the legal complexities of the divorce process and to ensure their rights are protected throughout the process.
CONTACT OUR FORT WORTH DIVORCE ATTORNEYS TODAY
Having a lawyer by your side can help you tremendously during your divorce. Your attorney will help ensure a smooth divorce process, and will also be able to assist you with family matters related to your situation, such as child custody, child support, or alimony.
Our divorce attorneys Fort Worth, TX can help you in the following ways:
- Being there to provide you with clarity through each step of the legal process.
- Offering you emotional reassurance that can give you more peace of mind.
- Helping to ensure a smooth divorce process.
- Representing you in court and fiercely advocating for you.
- Taking care of your paperwork and helping you steer away from potential mistakes.