Divorce is difficult for any family. Whether it’s contested or collaborative, there will likely be tensions when the legal process begins. That’s why it’s so beneficial to have a family law attorney from the law firm of Chris Schmiedeke to help simplify the divorce process in these difficult times.
A lawyer can help simplify and smooth over the divorce process, from issues of property division, child support and custody, alimony and spousal support, and other family law issues.
A family law firm will work hard to make sure that you get a fair settlement in your separation. Not only will they provide legal advice and legal services, but they can also help you avoid critical mistakes. They can step in to be a voice of reason when you understandably feel emotional and point out solutions that you may not have considered.
If you’re facing a divorce, issues of child custody, or any other family law matter in Collin County, we may be able to help. We have decades of combined experience in Texas family law. Call the Law Office of Chris Schmiedeke at 214-643-8904 or use our online contact form today to schedule a free consultation with a member of our family law team.
To file for divorce in the state of Texas, one of the spouses must have lived in the state for at least six months. In addition, the filing spouse must be a resident of the county in which they are filing for at least 90 days.
The first thing to understand is that you do not file for a contested or uncontested divorce in Texas. You simply file for divorce. “Uncontested” and “Contested” divorces are terms used by attorneys to classify the case, but as far as the courts are concerned, a divorce is a divorce.
In terms of classifying the case, an uncontested divorce means that you and your partner agree to all aspects of the divorce and separation agreement and meet certain requirements. A contested divorce means that you disagree about one or more aspects of the split, and you don’t meet the requirements for an uncontested divorce.
An uncontested divorce can be part of collaborative law, which is a separate area of practice and carries special requirements. Not all family law firms offer collaborative divorce.
You or your spouse must have lived in Texas for at least six months before filing for divorce. If either of you has been a resident of Texas for 6 months, you can file for divorce in the county in which you have resided for the last 90 days
If a couple has minor children, there are complex issues of support and custody that must be worked out. A case where the parties agree on issues of child support and custody could be considered an uncontested divorce.
If you have significant shared property like a shared business, dividing up property can be a difficult process. Often, this aspect of divorce can be contentious. Still, if the parties both agree on all aspects of how the business or property should be divided, the divorce can go smoothly.
Premarital, or prenuptial, agreements establish the property and financial rights of both spouses prior to the marriage in case the marriage does not succeed. A postmarital agreement is similar but is created during the marriage and defines how assets should be divided in a divorce. Both documents can simplify the process of divorce.
The two major types of custody are physical and legal custody. Physical custody refers to where the child lives full time. Legal custody is concerned with the child’s physical and mental well-being, including decisions like where they go to school, their health care, their social engagement, and the like. Custody can be awarded jointly to both parents, solely to one, or, in some cases, to a third party.
Joint legal custody means both parents share the rights and responsibilities of parenthood. With joint physical custody, the child splits their time between homes. With joint legal custody, the parents are both involved with all major decisions such as education and health care for the child.
Sole legal custody means one parent has full responsibility for an aspect of the child’s rearing. Sole physical custody means the child lives full time with one parent (though the other may still have visitation rights). Sole legal custody means one parent is responsible for decisions regarding schooling, health, and wellness.
Regardless of sole or joint custody, the noncustodial parent may have to pay child support to the custodial parent in about 99% of cases. The amount of support will be determined strictly based on what is best for the child, just like all other issues of child custody.
Third-party custody is rare. The courts generally like to keep a child with their parents if possible. It’s only in severe cases where both parents are considered to be unfit, such as cases of abuse, drug use, severe mental health issues, indigency, or the like, that a third party will be considered.
In third-party custody, the party, usually another close relative, will petition the courts for custody. The parents may decide to fight the petition. A family law attorney is essential to protect parental rights and custody rights in these situations.
Divorce cases are all unique. The fastest take approximately 60 days; these are uncontested divorces that require a basic waiting period before filing. Contested divorces can take quite some time to resolve, depending on the number of issues at stake. Your family lawyer can advise you on the nature of your Collin County divorce.
Our legal team has years of experience in Texas divorce and Texas family law. We have represented clients from all over North Texas and centralize our services in Collin County, Denton County, and the Dallas–Fort Worth metroplex.
We are a deeply caring law firm that understands the need for an honest and simplified attorney-client relationship. When you bring your legal issue or family law matter to us, from child custody, alimony, to property division, you won’t be treated like a number. You will receive the personalized attention you need with a caring ear to help you prosper. There’s no disclaimer and no obligation. Just call us at 214-643-8904 or use our online contact form today to schedule a free consultation.