Southlake Divorce Lawyer
Divorce is not only emotionally challenging but often legally complex. Indeed, the procedural issues one must address when going through a Texas divorce can appear daunting at first glance.
At McElyea Law, we can help guide you through the often-intimidating process of divorce ― allowing you to focus more attention on your family and starting your new life. Let attorney Tom McElyea put his nearly 25 years of legal experience to work for you.
Divorce Process In Texas: The Basics
A typical Texas divorce will commence when one spouse files with the court an Original Petition for Divorce. This petition must be legally served on the other spouse (Respondent), although this requirement can be waived if the Respondent signs a waiver. The Respondent spouse will then be given an opportunity to file an Answer to the divorce petition.
Subsequently, the couple will generally attempt to discuss a divorce settlement, often with the help of their attorneys or mediators. These negotiations often involve discussions related to several important family law matters, including the division of property, child custody and even spousal support, just to name few.
Many couples find that the divorce process is easier for them and their children when they amicably work together to reach an accord. After all, who better to decide what is best for your family than you?
However, if the soon-to-be ex spouses cannot reach an agreement, they can then proceed to trial and have a judge resolve their disputes. Although, it should be noted that mediation is required before a trial can take place. Also, under Texas law a divorce cannot be finalized for at least 60 days after a spouse files the initial petition for divorce, which essentially equates to a 60-day cooling off period.
Is There Evidence Of Abuse?
If abuse is present, you will likely have additional matters to consider when pursuing a divorce, particularly if you have children at risk. Fortunately, in Texas, you may be able to seek a protective order, which will prohibit an abusive spouse from contacting, or coming near, you or a member of your family.
If you are going through a divorce and believe a protective order or a temporary restraining order is warranted, it is vital to contact an experienced family lawyer. Your family’s safety and well-being is too important not to act.
Practical Legal Advice
If you have questions concerning divorce in Texas, speak to a knowledgeable divorce lawyer at McElyea Law today. In many cases, McElyea Law offers free initial consultations. While our office is located in Southlake, we help clients throughout Tarrant County, including those living in Arlington, Colleyville and the Dallas-Fort Worth area. Reach out to us online or call us at 817-754-1570.