Southlake Divorce Lawyer

Experienced Divorce Lawyer In Southlake, Texas

Divorce is a stressful and complex process that can be extremely overwhelming for anyone. What you cherish most and have worked so hard for, your family and finances, is suddenly at risk. Even if you want to end your marriage, the process of doing so can be difficult to go through – and you should never do it alone.

At the law firm of Mims Ballew Hollingsworth | Family Law, we represent clients who are seeking a divorce. Our clients come from all walks of life with many different circumstances to consider in a divorce. Whether you have a relatively straightforward case or face a potentially high-conflict legal battle over high assets, we can help.

Reach out today to learn more about our Southlake divorce attorney and how we might help you.

Every divorce is different

Your life and circumstances are unique, and your strategy in a divorce should be too.

Mims Ballew Hollingsworth | Family Law is one of the top divorce law firms in Southlake. We have more than 75 years of experience helping clients navigate through the complexities of divorce, and we will work with you to develop a customized game plan for your case and for reaching your goals to protect your future.

Some common issues we deal with in complicated divorce cases include:

Answering your divorce-related questions

If you are considering a divorce, you likely have many questions about what to expect during a divorce and what your future will look like after the divorce. These might include:

  • How does the divorce process work?
  • What happens with property division?
  • Can I receive alimony?
  • How will divorce affect my children?

Because each marriage is unique, so is every divorce case. We cannot easily answer these questions in detail until we learn more about your situation. Please feel free to reach out for a consultation as soon as possible if you believe a divorce might be in your future.

Overview of a Texas divorce case

Texas law oversees divorces in our state, and the law sets out requirements for spouses to legally end their marriages. Unfortunately, getting a divorce is not nearly as simple as saying “I do,” but our legal team will guide you through every step of your case.

Requirements for a divorce

Texas requires that you meet certain criteria before your divorce can move forward through the legal system. Our law firm ensures that every client has a valid case before we pursue a divorce.

Residency requirements

In order for a Texas family court to hear your divorce case, at least one spouse must have been a resident of Texas for six months or longer. Further, you must live in the county where you file your case for at least 90 days.

Divorce petition and grounds

To begin a divorce case, one spouse must file a petition with the proper family court. Your divorce lawyer will prepare and file the petition properly, so you do not have to worry about making a mistake.

The petition will need to include grounds for your divorce, which in Texas can be no-fault or fault-based. You should carefully discuss your situation with your divorce lawyer to determine what grounds are appropriate in your case.

Issues to address in a divorce case

In order to obtain a final divorce order, you and your spouse must resolve any of the following issues that apply to your marriage:

Reaching a divorce resolution

Some spouses can agree on all relevant terms, and they might be able to file an uncontested or “agreed” divorce. You still want to have legal representation during this process to ensure your rights and future interests are protected.

If you have not yet agreed on every issue, we can help to negotiate with your spouse’s attorney to reach resolutions that work for everyone. We can also stand by you as you engage in mediation or collaborative divorce to resolve your case out of court.

If you still cannot agree, we can represent you in court, as the family judge will need to determine how to resolve the matter for you. We will fight for a fair and reasonable outcome for each and every client facing a divorce.

How to contact a reputable Southlake divorce attorney

If you are facing a divorce, it is natural not to know where to start. The first step to easing your stress should be to enlist the help of a trusted divorce law firm serving the Southlake area.

If you need a divorce lawyer, look no further than Mims Ballew Hollingsworth | Family Law. We understand that going through a divorce is often a stressful process for both you and your children, so please contact our Southlake divorce lawyers today to schedule a consultation. We can assess your situation and advise you on what to expect from the process.

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, 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.

If you are considering a divorce and have concerns about the processing dragging out, it is a good option to schedule a consultation with a divorce lawyer at Mims Ballew to discuss your options and develop a game plan to reduce the time it takes to get you divorced.

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 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.

If you are considering filing a family law case, there are benefits to filing first. Schedule a consultation with a family lawyer at Mims Ballew Hollingsworth to discuss these benefits and develop a game plan for your case.

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 find 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 of 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 with 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 a through alternative dispute resolution.

Contact Us Today!

Put Our Team On Your Side

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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