Divorce reshapes every aspect of your life – your family, finances, and future. At Mims Ballew Hollingsworth, our Southlake divorce attorneys understand the emotional weight of this journey. With over 100 years of combined family law experience serving Tarrant County, we protect what matters most during Texas divorces. Whether you’re facing an amicable separation or high-conflict litigation, our approach remains constant: personalized strategies for your unique circumstances.
No two marriages end alike. Your divorce strategy should reflect your specific needs – whether addressing complex business valuations, military pensions, or family structures. As dedicated family law attorneys in Southlake, TX, we handle intricate scenarios including:
Texas law imposes specific prerequisites for divorce filings in Southlake:
Before filing in Tarrant County courts, at least one spouse must have lived in Texas for six consecutive months and within the county for 90 days. Our Southlake divorce lawyers verify eligibility upfront to prevent procedural delays.
Petitions must state legal grounds, ranging from no-fault (“insupportability”) to fault-based reasons like adultery or cruelty. We carefully evaluate which approach strengthens your position while minimizing conflict.
All Texas divorces require a 60-day cooling-off period before finalization – even in agreed cases. We use this time strategically to negotiate terms or prepare for litigation.
As a community property state, Texas mandates equal division of marital assets. Our Southlake divorce attorneys employ forensic accountants to identify hidden assets and protect separate property claims.
When children are involved, we prioritize stability through detailed parenting plans addressing conservatorship, possession schedules, and education decisions – always centered on the child’s best interests.
We calculate evidence-based child support using state guidelines while crafting persuasive arguments for spousal maintenance when career sacrifices or disabilities create financial imbalances.
When couples align on key terms, we streamline uncontested divorces while safeguarding your rights. Documents are meticulously prepared to prevent future disputes over verbal agreements.
For partial disagreements, our family law attorneys facilitate structured negotiations or mediation sessions. This often preserves relationships while avoiding courtroom exposure.
In high-conflict cases, our trial-ready Southlake divorce lawyers present compelling evidence on:
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. We understand that going through a divorce is often a stressful process for both you and your children, so please contact our lawyers today to schedule a consultation. We can assess your situation and advise you on what to expect from the process.
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 case review or legal consultation.
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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, our divorce attorneys 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. A family law attorney can talk you through these options and develop a plan for resolving your case in through alternative dispute resolution.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
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