Bunker Hill Village Divorce Lawyer

Contested divorce

Divorces are emotional, complicated, and overwhelming. In combination with a contested divorce, it can become even more difficult. When the two spouses do not agree on the common grounds of divorce, it is important to have a strong attorney that you can rely on. Typically, these kinds of divorce are highly emotional and can include abusive behavior from one spouse to the other.

Divorce with children

Divorces involving children can become even more complex, as the need to discuss custody and visitation can complicate the process. Hiring a skilled family law attorney that handles family law matters will assist you in anticipating the issues that could arise when divorces involve children. Whether you are seeking increased visitation time, higher custodial payments, or full-time child custody, Contact our law office to support your needs.

Divorces and business

Though they may seem unrelated, businesses can create some issues during divorce. If you own a professional business, this could be subject to property division in divorce. Dividing this type of asset can be complex and requires the expertise of divorce lawyers to protect the potential earnings of your business.

What Challenges Come With Contested Divorces?

Contested divorces are complex as they contain many other challenges. The more issues included in the divorce, the more complex and lengthier the process. Some of the challenges that come with a contested divorce include:

• False allegations – In many cases, a false allegation is to gain child custody or increased spousal support. The spouse the allegations are against should contest and provide sufficient evidence to dispute the claims.
• Domestic violence – In cases of domestic violence, it is important to be honest with your divorce attorney and follow any advice you are given. In addition to the support provided by the attorneys, they may be able to offer further specialist support.
• Communication – effective communication within a divorce case can speed up the process. However, in cases of a contested divorce, there is usually a lack of effective communication. In these cases, it is important to fight legally for the case with the support of an experienced divorce attorney.

How To File For A Divorce?

The process for divorce officially begins when you have filed an Original Petition For Divorce with your county’s courthouse. As this paperwork is completed, you will need to explain the reason for the divorce. Any further details, such as agreements for child support, should be discussed at this point in the process.

Once this paperwork has been completed, a Judge will sign it off, and the divorce documents will be served to the other spouse.

How do I serve divorce papers to my spouse?

At this point of the process, it is important that the other spouse is served the documents properly and formally notified. Only qualified individuals per Texas Family Law can serve divorce papers; this includes a constable, sheriff, or another person authorized by the court. These individuals must then deliver the papers in person or in alternate ways when necessary and approved by the court.

If these means of delivery are not effective, you can request a different way of delivery from the court. The laws in Texas can allow the server to deliver divorce documents via email and even social media if necessary.

In some cases, you may not know the location of your spouse. In this case, it is important you exhaust all other means of finding them, for example, contacting family or via social media.

As a last resort, a court can serve divorce papers via publication or posting. Service by publication is where a notice is printed in local newspapers, and service by posting is when divorce papers are posted at the local courthouse.

How to answer divorce papers?

An answer to a divorce is a legal form submitted to the court by the Respondent. This is in order to protect their right to participate in the proceedings.

If the Respondent does not answer the divorce papers, the court can make decisions for them on their behalf. However, this spouse will then have no experienced representation or communication within the divorce distributions.

What Is The Waiting Period For A Divorce?

A waiting period is required in most cases of divorce in Texas. This means there is a mandatory 60-day waiting period after the divorce has been filed. This is to provide a couple with the opportunity to change their minds, should they wish. In most cases, it will take longer than 60 days to complete the divorce proceedings.

There are some exceptions to this waiting period rule. For example:

• A spouse has been convicted of a crime involving domestic abuse or personal injury against you or a household member.
• There is an active protection order against your spouse due to domestic violence within the marriage.

Can I File For A Legal Separation In Texas?

While some states may recognize this term, in Texas, legal separation is not recognized, meaning a person is single, divorced, or married. Marriage is still considered and includes all the expected duties if a divorce has not taken place.

This is still the case during the divorce until the final signing of the papers by the court. Within the Texas community property laws, any property gained by either spouse during the period of divorce is still subject to marital division until the final divorce papers are obtained.

What Happens To Finances During A Divorce?

The aim of dividing finances in Texas divorces is to take all elements of the case into account and grant equitable division. The court will take each spouse’s resources into account in order to achieve a fair outcome. The types of finances taken into account by the court are:

Does Every Divorce Have To Go To Court?

In most cases of divorce, it is unusual to attend court in person. Regarding financial matters, these can mostly be settled outside of court through processes such as negotiation, mediation, and collaborative divorce.

If an amicable settlement isn’t looking possible, our expert lawyers can support you through court appearances if they are necessary. It is always our attorney’s interest to fight for the settlement you deserve.

How Long Do Divorces Take?

The average divorce takes between 6-8 months. However, this time frame is dependent upon a couple of factors. Firstly, the agreement on the financial division between the two spouses. Secondly, how quickly the paperwork is signed and returned.

Whilst it is understandable to want a divorce to be completed quickly, it is equally important not to rush into any decisions. A premium divorce lawyer will ensure your settlement is fair, allowing you to transition into your new way of life.