A divorce should always be the last resort for a married couple. However, if reconciliation, counseling, or a trial separation have all failed to bring harmony back, dissolving the marriage may be the only way to move forward.
It is important to remember that a marriage creates a legal bond between two people that covers every aspect of their lives. As a result, a divorce must make a clean legal break that accounts the future.
A Dallas divorce lawyer could help protect your rights and assets in any potential divorce. A compassionate attorney could fight for your right to property, benefits, and a continued relationship with your children.
The Forms of Divorce in Dallas
Divorces often begin because the two spouses can no longer see eye-to-eye on how to move forward in their lives. Although these situations are often contentious, many couples are able to negotiate a fair settlement in the case.
When couples are able to agree to a separation plan, they can enter an agreed decree of divorce. This agreement covers all pertinent matters pending in the divorce, and courts are obliged to accept it if both parties sign on equally. This is often the easiest means of divorce if the parties do not have many assets or agree as to how their lives should look moving forward.
Unfortunately, divorce is rarely this simple. One party feels as if they are being cheated out of property, or one spouse may have been abusive. In these cases, divorce may need to proceed to trial. Family courts in the state have full jurisdiction to decide all important matters in a divorce. Whether a person is looking to come to a fair agreement with their spouse or believes that a trial will be necessary, a Dallas divorce attorney may be able to help.
Common Issues in Divorces
One of the most important considerations in a divorce is how the court will distribute marital property. Texas Family Code §7.001 states that a court must, “…order a division of the estate of the parties in a manner that the court deems just and right…” The court assumes that all property obtained during the marriage is community property, meaning that both parties have an equal right to it. While it is possible that a court will order a 50/50 split, the court does have the power to rule as it sees fit.
Another common issue in a divorce concerns child custody, known in Texas as conservatorship. Typically, a court will issue an order requiring some form of joint managing conservatorship. This means that both parents have the right to make decisions concerning the child’s education, healthcare, and school activities. A joint decision can also give each parent visitation rights.
In some cases, courts instead order sole managing conservatorship. Here, one parent takes on all rights and responsibilities for raising the child, although the other parent may still retain visitation rights. A divorce lawyer in Dallas could help spouses understand all their rights during a divorce and fight for their goals in mediation and in court.
A Dallas Divorce Attorney Could Help You Provide for Your Future
A divorce is always a difficult time. Not only will it require a major change in living arrangements, but it also creates legal difficulties. Every portion of the future must be decided, including key issues such as property division, spousal support, and child conservatorship. Courts have great latitude in ruling on these matters as they see fit, so it is essential to fight to protect your future.
A Dallas divorce lawyer may be able to help you. They could explain the divorce process in general and help you make realistic goals. This may include working with your spouse to come to a settlement or fighting for your rights in court. Whether you are thinking of initiating a divorce or have recently been served with papers, contact an attorney today.