As Southlake family law attorneys, we handle divorces, child custody, child support, non-parent rights, prenuptial agreements/postnuptial agreements, property division, enforcements, appeals, and paternity suits. Mims Ballew Hollingsworth | Southlake Family Law also offers litigation alternatives.
Divorce
and other family law topics are complex, and there is no one-size-fits-all solution.
Our family law attorneys believe you need a creative and customized approach to your concerns. We will develop strategies that have creative resolutions and benefit you and your child. We understand family law is about family, not numbers or formulas that determine what is best for you.
We will show other lawyers and the court why you should get what you’re asking for and how it benefits all involved.
Our family law attorney offers honesty, preparation, and excellent communication when we take your case. We will inform you of your rights, case progress, changes, and potential outcomes. Staying informed allows our clients to feel better during an extremely challenging time. While we cannot remove all stress, we will carry some burdens while we begin our new life.
Divorce, custody, and more are emotional for everyone involved; adding the stress of legal processes can make things even more difficult. The family you create is no more, and your loved ones must now adjust to these changes. The process may seem smoother if you have a prenuptial agreement or are going through an amicable separation, but you will still need legal advice regarding how Texas law can affect your future. Mims Ballew Hollingsworth | Southlake Family Law provides legal services for the following topics:
Mims Ballew Hollingsworth | Southlake Family Law handles all types of divorce cases, from high net-worth divorces to common law divorces to uncontested divorces. Texas is a community property state, meaning marital assets are divided equally in the event of divorce. To file for divorce in Texas, you do not need to have been married here (just reside here for six continuous months prior to filing). Texas divorces take at least 60 days to become finalized. It is not necessary for either spouse to be “at fault.” You are also entitled to alimony if you can not support yourself and are disabled, married longer than ten years, or the victim of your spouse’s violence.
Nine out of ten divorcing couples who are both represented by lawyers will mutually agree to a custody arrangement without needing a judge to decide for them. Only six out of ten couples agree to custody terms when even just one of them does not lawyer up. Additionally, eight out of ten couples who each have attorneys will eventually agree to joint custody.
If a judge does have to step in and determine custody, what is in the best interest of the child is the deciding factor. A judge may consider: the bond between the parent and the child, sibling relationships, ability to provide a safe and stable environment, the parent’s health, any special needs of the children, a history of abuse, neglect, or abandonment, and so on. You want the best situation for your child, which is our Southlake child custody lawyer´s goal.
In Texas, child support is calculated based on a percent of the paying parent’s overall earnings. For example, if there is one child from the marriage, the paying parent would provide 20% of their income in child support. If there are two children, the paying parent would provide 25% of their income. If there are three children, 30% of the obligor’s income is paid. If there are four children, 35% is paid. If there are five children, 40% is paid. In the Lonestar state, even if there are six or more children, the paying parent will never be required to pay more than 40% of their income in child support—that is the state’s maximum.
Where a biological parent in Texas does not have to meet any standards to have access to their own child, people like grandparents, aunts and uncles, and adult siblings must show the court that denying a child access to the relative in question is not in the child’s best interest. On the other hand, sometimes relatives may wish to adopt a child if the biological parent gives up their parental rights or is found to be unfit. Our family law attorneys from Mims Ballew Hollingsworth | Southlake Family Law can help you regardless of which end of the spectrum you may fall on.
Prenuptial and postnuptial agreements are signed by a couple before or during marriage and stipulate how their property is to be divided in the event of a divorce. To be valid and enforceable, these agreements must be fair, meaning neither party should agree to waive the right to something they are legally entitled to, such as alimony. Marital agreements should not violate any laws and not be entered into under duress or undue pressure. Financial disclosures are also often required.
Not every law firm that handles family law, or even just divorces, is necessarily well-versed in property division. If you are involved in a high net worth divorce, in particular, having a bonafide property division lawyer in your corner is highly recommended. High net-worth divorces are more complex and tend to take much longer to finalize. The increased number of assets is not the only culprit – there are often more complex spending habits involved by either party. Additionally, a family law attorney who focuses on property division will have all the right expert contacts when appraisers, business evaluators, and tax professionals are needed.
In Texas, a baby’s father does not automatically have legal rights to his baby if he is not married to the mother. In cases such as these, paternity must be “established” in one of two ways: with a DNA paternity test or by completing an “Acknowledgement of Paternity” form. Whether you need help as a father being added to a birth certificate, re-claiming paternity of a child that has a different documented father, or settling custody and support issues, our paternity lawyer can help.
This refers to enforcing court orders. If your ex-spouse is not paying all of the child support due, Mims Ballew Hollingsworth | Southlake Family Law can help you get your child support court order enforced. Likewise, if you aren’t receiving the full amount of alimony you are due, we can help. If your co-parent is not dropping the children off at the right times or following the terms of your parenting plan, we can help you get your child custody court order enforced.
If you feel your family law matter was not handled properly by a judge, that correct protocols were not followed, or that the evidence for your case was inaccurate or otherwise lacking, it is possible to appeal the decision. It’s critical that you hire a knowledgeable appeals lawyer for a family law appeal because you often only have one shot with a new judge to argue your case.
Many divorcing couples prefer to keep their marriages and families out of court and come to settlements on their own without a judge. What is a “litigation” alternative? Litigation alternatives, also known as Alternate Dispute Resolution (ADR), include mediation and binding arbitration. Mediation involves a professionally-trained objective third party helping you and your spouse reach a mutual agreement. Sometimes, lawyers attend mediation hearings with their clients, and sometimes lawyers simply prepare their clients in advance for mediation and the client attends the session solo.
Binding arbitration is more formal and reminiscent of a courtroom-type proceeding. In arbitration, the objective third-party “mediator” leading the session will make a decision that is binding at the end (The goal is not for the two parties to reach an agreement but rather for the arbiter to resolve the dispute for the involved parties). Even though you might not be going to court, which we fully support, having a lawyer to help you understand your legal rights and responsibilities, help you strategize, and help you with paperwork is still recommended.
If you are dealing with any of these legal issues, Mims Ballew Hollingsworth | Southlake Family Law can help! We have 75 years of combined family law experience, and two of our Southlake attorneys are board-certified in family law by the Texas Board of Legal Specialization. We know how stressful family law matters can be, and we fight for the best outcome in every case.
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a free case review or legal consultation.
SERVING FAMILIES WITH OVER 75 YEARS OF COMBINED EXPERIENCE
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.
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. ...
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 ...
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.
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.
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!
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.
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 ...
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 ...
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 ...
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.
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Our family law attorney & Divorce lawyer are ready to take your case. Visit us now!
Our family law attorney & Divorce lawyer are ready to take your case. Visit us now!
Our family law attorney & Divorce lawyer are ready to take your case. Visit us now!
