Experienced Divorce Attorney in Colleyville, TX

Experienced Dallas/Fort Worth Divorce Lawyers

At Setzer Law Firm, we employ a team of experienced divorce lawyers. Located in Colleyville, TX, our team is dedicated to providing exceptional legal services and guidance to individuals seeking assistance with divorce and family law matters. We understand that divorce can be a difficult and emotional process, and we strive to provide compassionate and effective representation to each of our clients. Our goal is to help you navigate the legal system and achieve a positive outcome in your case. With our knowledge, experience, and commitment to your case, you can trust us to provide the support and guidance you need during this challenging time. Contact us today to schedule an appointment at our Colleyville office.

Fault vs. No Fault Divorce

In Texas, couples seeking a divorce have the option of filing for either fault or no-fault divorce. A no-fault divorce means that neither spouse has to prove the other’s wrongdoing or fault for the marriage’s dissolution. This type of divorce usually results from irreconcilable differences or insupportability, where the marriage has become insupportable because of discord or conflict of personalities that destroys the marriage’s legitimate ends. On the other hand, a fault divorce requires one spouse to prove that the other spouse’s misconduct led to the divorce. Grounds for fault divorce in Texas include adultery, cruelty, abandonment, conviction of a felony, and living separately for at least three years. Understanding the difference between fault and no-fault divorce is essential when considering a divorce in Texas.

Types of Marriage Dissolutions

There is more than one way to end a marriage. Most of the time, the right path will depend on how amicable the split is. At Setzer Law Firm, we can help you sort through the options and determine which type is best for you. We provide guidance to clients in Colleyville and throughout Dallas/Fort Worth.

Here are some of the most common methods of marriage dissolution:

Contested Divorce

Contested divorce is a legal process where one or both spouses disagree on the terms of the divorce, such as property division, child custody, and alimony. In a contested divorce, the court will be required to intervene to resolve these disputes. This can be a lengthy and stressful process, as both parties may need to provide evidence and testimony to support their position. Contested divorces may also involve hiring attorneys, mediators, and other professionals to assist in negotiations and court proceedings. Ultimately, the judge will make a final decision regarding the terms of the divorce, which may not satisfy either party.

Uncontested Divorce

An uncontested divorce is a type of divorce where both spouses agree on all issues related to their separation, such as child custody, division of property, and spousal support. This type of divorce can be a faster and less expensive process than a contested divorce. In an uncontested divorce, the couple may work with a mediator or each hire their own attorney to draft a settlement agreement that outlines the terms of the divorce. Once the agreement is signed by both parties and approved by a judge, the divorce can be finalized.

Collaborative Divorce

Collaborative divorce is a process that allows couples to dissolve their marriage in a non-adversarial and cooperative manner. It involves both spouses working together with a team of professionals, such as attorneys, financial advisors, and mental health experts, to reach a mutually agreeable settlement. In a collaborative divorce, the spouses sign a contract committing to resolving all issues without going to court. The focus is on open communication, respect, and a commitment to finding a solution that works for both parties. This approach can help to minimize conflict, reduce stress, and preserve relationships. If you are interested in exploring the collaborative divorce process, it is important to consult with our experienced Dallas/Fort Worth collaborative law attorneys to guide you through the process.

Divorce Mediation

Divorce mediation is a process in which a neutral third party, the mediator, helps couples negotiate and resolve their divorce issues, including property division, child custody, and spousal support. The mediator is not a decision-maker, but rather a facilitator who helps the couple communicate and reach a mutually acceptable agreement. Mediation is often less stressful and less costly than going through the court system, and it can allow couples to have more control over the outcome of their divorce. It can also help preserve a more amicable relationship between the parties, which can be especially important when children are involved.

Annulment

Annulment is a legal process that declares a marriage null and void, as if it never happened. Unlike a divorce, which is the termination of a valid marriage, an annulment is based on the premise that the marriage was never valid to begin with. This can occur for a variety of reasons, such as fraud, coercion, bigamy, or the inability to consummate the marriage. In some cases, annulment can be an easier and quicker process than divorce, particularly if the marriage was of short duration or if the couple has no children or significant property to divide. However, annulment laws can vary widely by state, so it’s important to consult with a qualified family law attorney to determine if annulment is a viable option in your particular case.

Legal Separation

Legal separation is a legal process that allows a married couple to live separately while still being legally married. It is a formal agreement between the couple that outlines the terms of their separation, including issues such as child custody, child support, spousal support, and property division. Legal separation is different from divorce in that the couple remains legally married, but they are no longer living together. This option can be beneficial for couples who may not be ready for divorce but need some space or time apart to work through their issues. In some cases, legal separation can also provide important legal protections to each spouse.

High Net Worth Divorce

High net worth divorce refers to a divorce involving significant assets and financial holdings. These types of divorces can be complicated and require the expertise of our Dallas/Fort Worth attorneys who specialize in high net worth divorce. In addition to dividing assets such as property, investments, and retirement accounts, there may be complex issues involving business valuations, executive compensation packages, tax implications, and spousal support. It is important to work with experienced attorneys who understand the intricacies of high net worth divorces to ensure that your rights and financial interests are protected throughout the divorce process.

Military Divorce

Military divorce is a type of divorce that involves at least one spouse who is currently serving or has served in the military. It can present unique challenges due to the various state and federal laws that may apply, as well as the need to address military benefits such as pensions, survivor benefits, and health care coverage. Some of the issues that may need to be addressed in a military divorce include child custody and support, spousal support, property division, and the division of military pensions and benefits. It’s important to work with a lawyer who has experience with military divorce to ensure that all legal requirements are met and that your rights and interests are protected.

How to File for Divorce in Texas

Filing for divorce in Texas involves several steps. Here is a general overview:

1. Prepare and file the petition: The person who is filing for divorce, known as the petitioner, needs to complete a divorce petition, which includes information such as the grounds for divorce and what they want to be awarded in the divorce (such as property, child custody, and support). Once completed, the petition must be filed with the clerk of court in the county where you or your spouse resides.
2. Serve the other spouse: The petitioner must legally notify the other spouse, known as the respondent, that they have filed for divorce. This can be done through certified mail or by having a process server or constable deliver the petition to the respondent.
3. Respond to the petition: The respondent has the right to respond to the petition within a certain period, typically around 20 days, either by contesting the divorce or agreeing to the terms laid out in the petition.
4. Negotiate a settlement or go to trial: If both parties can come to an agreement on the terms of the divorce, they can file a written agreement with the court. If they can’t agree, the case may go to trial, where a judge will make decisions about the terms of the divorce.
5. Finalize the divorce: Once the terms of the divorce are settled, the court will issue a final divorce decree, which outlines the terms of the divorce and makes it official.

When you work with the team at Setzer Law Firm in Colleyville, we can handle the bulk of this process and make sure the process runs smoothly for you and everything is filed on time.

Elements of a Divorce Negotiation

Property and Debt Division

In Texas, during a divorce, property and debt division is base on a system of community property. This means that all property and debt acquired during the marriage are considered jointly owned by both spouses, regardless of who acquired it or whose name is on the title or account. Texas is a community property state, which means that the court will divide the community property and debt equally between the spouses, unless an unequal division is justified by factors such as one spouse’s fault in the divorce, differences in earning capacity, or health.

Spousal Support/Alimony

Spousal support, also known as alimony, is a court-ordered payment that one spouse makes to the other after a divorce or separation. The purpose of spousal support is to ensure that both parties can maintain a standard of living that is similar to what they had during the marriage. Spousal support can be awarded to either spouse, regardless of gender, and the amount and duration of the payments will depend on a variety of factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage. In Texas, spousal support is not automatic and is only granted in limited circumstances. It is important to consult with a knowledgeable family law attorney to determine your eligibility for spousal support and to ensure that your rights are protected during the divorce process.

Child Custody and Child Support

Child custody and child support are two important issues that need to be addressed during a divorce or legal separation. Child custody refers to the legal and physical custody of a child or children. Legal custody is the right to make important decisions regarding the child’s upbringing, such as education, healthcare, and religion. Physical custody refers to where the child will primarily live. Child support is the amount of money that one parent pays to the other to help cover the cost of raising the child. The amount of child support is based on a variety of factors, including the income of both parents, the number of children involved, and the custody arrangement. It is important to work with a skilled family law attorney to help ensure that your child custody and child support agreements are fair and in the best interests of your child.

Contact Our Dallas/Fort Worth Divorce Attorneys

No matter the nature of your divorce, experienced attorneys are essential to navigating the process. You need a lawyer who is both compassionate and commanding to help you get the best possible outcome from your divorce negotiations. At Setzer Law Firm, we have successfully represented clients in divorce battles throughout the Dallas/Fort Worth area. Contact us today or visit our office for more information. Our Colleyville divorce attorneys are here to help.