Family Law is the generic term used to describe the legal aspects of divorce and child rearing. Of these two general categories, divorce not involving children is by far the least complicated.
Texas is a no fault divorce state. This means that every resident in the State of Texas has the right to be divorced for any reason, including, simply dissatisfaction with the marital relationship. A divorce is not dependent or subject to agreement or conditions such as length of marriage or fault in the break-up of the marriage. Fault in the break-up of the marriage only pertains to a potential unequal division of property.
A divorce involving property can, on the other hand, be complicated. This is especially true if substantial amounts of community property have been accumulated, or if one party owns a substantial separate estate. Notwithstanding, the information required to establish the extent and source of marital property is relatively objective. That is, information needed to trace or value property is generally objectively obtainable.
A divorce involving a custody battle is necessarily subjective, all factors being equal. That is, when the Court is required to choose between two good parents, the Court is required to use its judgment to find out which parent should be appointed primary conservator. This requires the Court to make a “best interest” inquiry.
An experienced, professional family law attorney is crucial if you are considering a divorce, or if you have been served with divorce papers. Choosing the right attorney improves the divorce process and the outcome of your divorce. If you live in Dallas or the DFW surrounding areas, you’ll want to hire an experienced Dallas family law attorney.
- Filing For Divorce
- Temporary Divorce Orders
- The Divorce Discovery Process
- Collaborative Law Process
- Mediation & Settlement
- Divorce Trials in Dallas