When facing divorce, proceedings are much smoother with the direction from an experienced divorce attorney.
For tailored efforts that will benefit you in your divorce, contact the divorce attorneys at Hayes, Berry, White & Vanzant today.
While everyone hopes for perpetual togetherness whenever he or she says, “I do,” the fact of the matter is that sometimes things simply do not work out. Feelings change, circumstances change, people evolve and, in the process, they grow apart. Whenever these things occur, divorce may be the best decision for all parties involved.
Divorce proceedings can be tricky. Depending on couples’ relationships, personalities, interaction and a number of other factors, the nature of divorce can range from simple and clean-cut to intricate and downright harsh. Matters become even more challenging when children enter into the equation. No matter what the nature of a particular divorce may be, all parties can benefit from smooth proceedings when they seek sound legal guidance from the experienced divorce attorneys at Hayes, Berry, White & Vanzant, L.L.P.
About Divorce Law in Texas
State law governs divorce in the United States. To file for a divorce in Texas, spouses must declare on what grounds the divorce is being sought – either fault or no fault. Fault-based grounds for divorce can include cruelty, adultery, conviction of felony, abandonment, living apart and confinement in a mental hospital. On the other hand, no-fault-based grounds include incompatibility, irremediable breakdown and irreconcilable differences.
“To file for a divorce in Texas, spouses must declare on what grounds the divorce is being sought.”
Additionally, Texas divorce law enacts residency requirements and a waiting period when filing for divorce. To meet the residency requirements, one spouse must have been a resident of Texas for at least six months and a resident of the county in which the divorce is to be filed for at least three months. Further, courts cannot finalize divorces for at least 60 days after the initial filing.
Uncontested Divorce vs. Contested Divorce
There are many elements to take into account when filing for divorce. How will property be distributed? What are the terms for spousal support? If children are involved, what will the custody arrangements look like? Whenever couples can agree and settle on these and other terms, the divorce is considered uncontested. On the other hand, a divorce is deemed contested when couples cannot agree on these terms and enter into a dispute over them. In these cases, both parties may have to seek counsel from a lawyer.
- Uncontested Divorce – Texas courts favor settlements in divorce cases. Whenever possible, our divorce attorneys help clients dissolve their marriages without litigation, which keeps them out of the courtroom until the final hearing date. One of the many benefits of an uncontested divorce is that it limits the financial and emotional costs of the parties.
- Contested Divorce – In cases of contested divorces, Texas courts commonly require mediation with a divorce lawyer before they will hear these cases. If a couple cannot settle their disputes via mediation or by informal settlement agreement, a divorce case will go to trial. In these situations, an experienced divorce lawyer is invaluable.
It is important to note that even if a divorce case goes to trial, couples can settle during any point in litigation prior to the judge’s or jury’s final verdict.
Collaborative law is a specific approach to divorce, for it involves spouses working alongside divorce lawyers in a cooperative manner to resolve their differences. Under this approach to divorce law, spouses agree to no litigation from the beginning and work to make arrangements that benefit their family as a whole. To aid in consultation, the divorce attorneys collaborate with professionals such as financial advisors and mental health specialists to keep the process as amicable and stress free as possible. Generally, any divorce process that limits litigation and keeps decision making away from judges and juries will be less expensive and less drawn out. Couples that employ this area of divorce law find that their divorces are easier on the involved parties and enable them to maintain civilized relationships after everything is said and done.
Party-directed mediation or PDM is an approach to mediation that seeks to empower each party in a dispute, enabling each party to have more direct influence on the resolution of a conflict. PDM includes two very important elements: 1. one or more joint sessions in which the parties both meet with the mediator, and 2. one or more individual sessions in which each party meets individually with the mediator. Read more here
Contact Our Attorneys When Facing Divorce
If you are considering getting a divorce, consider contacting our experienced divorce lawyers for counsel or representation. Call us at (940) 387-3518, or contact us here to set up a consultation regarding our divorce law services.