PROVIDING CUSTOM-TAILORED LEGAL SOLUTIONS

Keller Family Lawyers

Divorce | Custody | Child Support | Property Division
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SERVING FAMILIES WITH OVER 75 YEARS OF COMBINED EXPERIENCE

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Keller Divorce Attorney

An experienced divorce lawyer can help

Going through a divorce can be a highly emotional time, and the process itself may seem complex and confusing given the paperwork and timelines, service guidelines, and other factors that must be taken care of. Without an understanding of the process, and someone to advocate for your best interests and those of any children involved, it can also be a highly negative experience that has long-term consequences for your life. Working with a local Keller divorce attorney takes a great majority of the process out of your hands so you can focus on other concerns.

The Keller divorce attorneys from Mims Ballew Hollingsworth are available to support you. With an experienced divorce attorney from MBW by your side, you’ll have the sense of safety and security that everything will be drafted and filed properly that you need during this trying time to be able to focus on your own concerns.

Read on to learn more about the process of filing for and moving through a divorce in Texas, and don’t hesitate to connect with us for more information.

 

Texas Allows for No-Fault Divorce

Another question we often hear from prospective clients is whether or not there must be a fault to file for divorce. In some states where there is a fault-based divorce system, there may be some necessary prerequisites to divorce such as abandonment, a felony conviction, or adultery. While in the modern world the necessity of a prerequisite often just requires additional paperwork and explanation, in Texas this is not the case.

Texas is a no-fault divorce state, which means that the parties can simply state that the marriage is no longer supportable or meets the requirements of “insupportability”, with no additional grounds necessary. However, a fault-based divorce may be filed for reasons such as those explored above like felony conviction or adultery, abandonment, and cruelty as well.

 

Divorce May be Contested or Uncontested

Separating from your spouse often requires a variety of aspects of your joint lives to be taken into account. Key elements to consider in your divorce are:

  • The division of shared property, including real estate, cash, and other assets
  • The custody and support arrangements to be established for any children, and even pets
  • The division of any debt obligations and other liabilities that the couple may have incurred together

The ease and speed at which your divorce is processed will depend upon whether you and your ex-spouse agree upon these and other important decisions concerning the separation of property, rights, and responsibilities. If you have an uncontested divorce, that means both parties have come to an agreement independent of the court. This means that court involvement is minimized, and your ability to get on with your life as quickly as possible is supported.

Contested divorces may require court intervention or alternative dispute resolution options like mediation or arbitration. Your Keller divorce lawyer will help advise you on what the best options are given your unique preferences and concerns. Once you have determined your ideal outcome, it is time to begin the process.

 

The Process of Divorce in Tarrant County

concept of family law, divorce & child custody process, contact Mims Ballew Hollingsworth | Family Law for help.

Prior to considering filing for divorce in Texas, there is a prerequisite question to ask: do I qualify to file for divorce in Texas? In order to qualify to file for divorce, you must have been a resident of Texas for a minimum of 6 months and will file in your county of residency, so long as you have lived there for a minimum of 90 days. If you moved to Texas 1 year ago but moved to Tarrant County just two months ago, an additional 30 days may be necessary before you can file.

Filing

Filing for divorce begins with identifying which county you live in. If you are in Keller, your county is Tarrant, and your divorce begins with a properly drafted filing being submitted to the Tarrant County Clerk.

Waiting

There is a 60-day waiting period between the filing of a divorce petition, and the finalizing of it. However, divorces in Texas often take between 6 months to 1 year to resolve. The complexity of the issues and whether or not you and your former spouse agree upon key elements in the divorce will influence how long it takes.

Negotiating or Arguing in Court

Working with a Keller divorce attorney is especially helpful during this stage of the divorce, as the outcome of negotiations, or court decisions will impact your life in the long term. Negotiating a settlement out of court keeps a divorce uncontested, and the also maintains the privacy of your personal relationship by keeping the courts out of it.

Determining the best option for you in your divorce requires careful consideration of the facts involved, how Texas divorce law applies, and your desired outcome. The best way to support an ideal outcome is by working with an experienced local divorce lawyer.

 

Discuss Your Concerns with a Keller Divorce Attorney Near You

Give us a call at 817-476-7964, or visit our site to request a consultation.

PROVIDING CUSTOM-TAILORED LEGAL SOLUTIONS

Keller, TX Divorce & Family Lawyers

request consultation

SERVING FAMILIES WITH OVER 75 YEARS OF COMBINED EXPERIENCE

Answers To Your Most Commonly Asked Questions

The right place where you cand find the answers to your questions regarding family law

In Texas, there is a 60-day waiting period before a divorce can become final (unless an exception is granted due to family violence. Even if both spouses agree on everything, there must be at least 60 days from the date you file with the Court until the date the Court grants your divorce. If you and your spouse have an agreement, the divorce attorneys at Mims Ballew Hollingsworth can help you finalize your divorce on the sixty-first day after filing. This is the fastest possible outcome.

If you and your spouse do not have an agreement before filing, the time it takes to finalize your divorce depends on many factors including: whether children are involved, whether is there a business to value, whether discovery is needed, and the amount of conflict between spouses. Most cases reach a final resolution through an agreement at some point, but if your case goes to final trial, it can often take more than a year to resolve (especially in larger counties where court dockets are backed up).

While some contested divorces can be resolved in a few months, others can take years to finalize. If your divorce involves significant contested issues (i.e. which parent the children will live with, whether one spouse will receive alimony, who will be awarded the marital home), it is best to plan for anywhere between six months to eighteen months to get to the finish line.

Being the first to file a case (the Petitioner) provides strategic advantages throughout litigation. At trial, the Petitioner makes their opening statement first, calls their witnesses first, can delay the other party (the Respondent) from speaking until after all the Petitioner’s evidence is presented, and in closing arguments speaks both first and last.

While the Petitioner and Respondent have the same rights and often share the same burden of proof, filing first can certainly help with persuading the Court. Letting the Court know your side of the story first can help when it comes to decisions such as why your children should live primarily with you, why you deserve alimony or why the other party does not need it, or who gets to keep the marital home. If there are facts harmful to your case, filing first allows you to get in front of these and take the sting out of the Respondent’s argument.

Aside from benefits at trial, filing first provides an opportunity to send a message to the Respondent and direct how the case proceeds. Your first filing can indicate a desire to be amicable or can let the other side know you are prepared to fight. Your first filing can also be used to obtain a restraining order or set a hearing before the Respondent even knows a case is filed. Even how you notify the Respondent can impact your case, whether it is with a formal process server at their place of employment or through providing them the opportunity to avoid this scenario and voluntarily accept the filing.

Texas is a community property state. This means when you file for divorce our Courts assume that all property you and your spouse have is owned by the marriage and can be divided. However, if you can prove separate property (e.g., what you had before marriage, gifts you received during marriage or inheritance), then you will have property that the Court cannot take away from you in a divorce.

When property is divided, the Court does so in a manner that the Judge deems “just and right,” considering the rights of each party and any children of the marriage. This does not necessarily mean an equal division between spouses. What one Judge believes is “just and right” may differ from what another Judge right across the hall in the same courthouse believes.

At Mims Ballew Hollingsworth, one of the first things we do in your divorce is finding out what property exists for division. We work with you to obtain information on homes, bank accounts, vehicles, business interests, retirement, stock accounts, debts, and separate property claims. If you are concerned your spouse may be hiding assets we will work with you to find this information and ensure all property is accounted for.
After determining divisible property, the next step is valuation. With some assets, it is not as straight forward as looking at an account balance. Business interests can be difficult to value, home prices are constantly changing, and there may be certain tax implications (capital gains) that need to be assessed.

The process of determining what property is divisible and assessing values can be extremely complex, especially in high-asset divorces. The divorce attorneys at Mims Ballew Hollingsworth are experienced in dividing high-asset estates and will work with you and financial professionals to protect your financial interests.

A contested divorce or family law case does not require costly litigation in a public courtroom. You can resolve contested issues through alternative dispute resolution, such as collaborative law, mediation, or arbitration.
These alternatives are often more cost-efficient when compared to going to court, and can result in a faster resolution to your case (in large counties it is not uncommon to wait over a year before having a final trial due to the court’s docket).
Alternative dispute resolution methods, including mediation, are also confidential and do not take place in a courtroom that is open to public viewing. This can be beneficial for divorces and family law cases involving high-profile individuals (e.g. athletes, celebrities, politicians, etc.) or topics of a sensitive nature (i.e. business trade secrets or high-asset divorces).
Collaborative law is a confidential method of resolving a divorce or child custody case where parties work together through joint sessions with the help of specially trained professionals to assist with resolving financial and parenting issues. The focus is on finding mutually beneficial solutions and sharing information that would normally be kept confidential during litigation. Collaborative law is unique and may not be right for everyone, but for some, it is an effective method to lessen conflict.
Just because your divorce or child custody case is contested does not mean it needs to become high conflict and involve costly public court hearings. The family law attorneys at Mims Ballew Hollingsworth can talk you through these options and develop a plan for resolving your case in through alternative dispute resolution.

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817-900-8330

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    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

    Loyd Camp
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    Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

    Donna DeTomaso
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    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

    William Hawthorne
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    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

    C Grucza
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    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

    Dante Martinez
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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

    Autumn Colson
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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

    James Homerstad
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    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

    Heather Varon
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    Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

    Misty Benson
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    Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

    Phuc Lam

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