Flower Mound Divorce Attorney

If you are considering filing for divorce and separating from your spouse, or have received service of divorce, it is important to understand how Texas law applies to your situation. The dedicated Flower Mound divorce attorney from Mims Ballew Hollingsworth | Family Law will take the time to learn about your unique situations to identify your goals, and determine what options are available for us to help. Knowing what types of divorce are available in Texas, and some useful information about the process, will make your consultation with a local Flower Mound divorce lawyer more fruitful and valuable, so read on to learn more.

Types of Divorce in Texas

There are three kinds of divorce in Texas, with the facts and the circumstances of your situation, and your goals, determining which kind of divorce will best fit. A resource to consider is Texas Law Help, which has a guide explaining divorce in Texas. According to Texas Law Help:

• “(i)t’s a good idea to talk with a family law lawyer about your particular situation. Family law lawyers specialize in cases involving families, like divorce. A family law lawyer can help explain your rights and options.”

The kind of divorce that you proceed with will also determine the amount of time the process takes, and the potential costs linked to the process.

Agreed

Divorce in Texas can be completed through an agreement. You and your soon-to-be former spouse agree about all the key issues in your relationship, from the division of property and spousal support to child custody or visitation arrangements. Both spouses must be willing to sign the divorce forms for this pathway to work for your situation.

Through this pathway to divorce, a Final Decree of Divorce detailing the specifics of the separation of property and responsibilities must be signed by both spouses. In this manner, the involvement of the court in the decision-making process is removed, and your privacy is largely supported.

Default

A divorce by default may be filed when your spouse is served, and they fail to file an answer or otherwise appear in court. This pathway can create complications down the line, and when you have assets and important issues to address, it is best to come to an explicit agreement that covers all your concerns.

Contested Divorce

A contested divorce happens when:

• Your files an answer or waiver of service, and
• Will not sign the Final Decree of Divorce

In order to complete a contested divorce, the case must be set for a final hearing, and it is required that your spouse is given notice of the hearing a minimum of 45 days prior to. According to Texas Law Help, “(i)t’s important to talk with a lawyer if your case is contested”. When a divorce is contested, the parties may be required to provide one another with information and documents based on initial disclosure requirements.

The “Petitioner” Files and the “Respondent” Receives Service as the Divorce Begins

The divorce process begins when one spouse files an Original Petition for Divorce with the court. The filing spouse is the “petitioner”, while the spouse against whom the divorce has been filed in the “respondent”.

Unless a divorce is agreed upon, the petitioner must have the respondent served with the following:

• A citation, which is the form issued by the court to provide the respondent with the official notice of the divorce
• A copy of the Original Petition for Divorce
• Any other papers that the petitioner filed with the divorce are generally provided
• Any orders that the judge has signed at the start of the divorce process

The drafting and filing of your Original Petition for Divorce in addition to other documents requires an understanding of the process, and a local Flower Mound divorce attorney can help ensure everything is completed and filed correctly to get things moving.

Service Must be Valid for the Divorce and Related Deadlines to Initiate

To be a proper service must meet relevant Texas laws and requirements. Service Happens through either:

• In-person service from a constable, sheriff, or a private process server
• Through certified or registered mail
• Through posting or publication if the petitioner cannot locate the respondent
• Alternative options, as approved by the judge

There are a broad variety of requirements and steps that must be

Explore Options for Support with a Flower Mound Divorce Attorney Near You

The most effective and straightforward way to process your divorce is through an agreement, as this maintains your privacy, and keeps the court out of the decision-making process regarding you and your former spouse’s futures. Through effective negotiation and legal advocacy with your local Flower Mound divorce attorney from Mims Ballew Hollingsworth | Family Law, a divorce agreement can often be reached when otherwise a divorce would have been contested.

To learn how we can help, reach us by phone at 817-476-7964, or visit our site to request a consultation.