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Trophy Club Family Lawyers

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SERVING FAMILIES WITH OVER 75 YEARS OF COMBINED EXPERIENCE

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Trophy Club Divorce Attorney

A Divorce Attorney Can Help Guide You Through The Process

The decision to end a marriage is a significant one, and the process to accomplish a divorce will vary depending upon whether you and your spouse can come to an agreement, or if the courts will need to be involved to resolve the many important issues linked to divorce. If you have no minor children and no property, divorce is relatively straightforward and can be accomplished with a relatively simple form and filing. However, if you have children, property, liabilities, and various responsibilities, it is important to ensure that your divorce agreement addresses them to protect your rights in the future.

Family law attorneys at Mims Ballew Hollingsworth | Family Law

A local Trophy Club divorce lawyer from Mims Ballew Hollingsworth | Family Law can help guide you through the process and ensure that an agreeable outcome is achieved.

We take the time to get to know the unique situation and goals of each of our clients to tailor services and a solution that best meets their needs.

The Basics of Divorce in Texas

Going through a divorce can be a difficult process, and it will be different depending upon whether you are the “petitioner” or the “respondent”. The petitioner is the party that initiates the divorce by filing an Original Petition for Divorce with the appropriate county clerk. In terms of Trophy Club, that will be either the Tarrant County Clerk or the Denton County Clerk, depending on where your property is situated.

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Qualifying to File for Divorce in Texas

Before considering whether or not to proceed with a divorce in Texas, it is important to first consider whether you qualify. Filing if you qualify would be a waste of time as it cannot be accepted if you do not meet these basic requirements:

  • You have been a resident of Texas for at least 6 months
  • You have been a resident of Tarrant County or Denton County, depending on where your property is situated, for at least 90 days

If these requirements are met by the spouses, the Original Petition for Divorce may be filed with the appropriate county clerk. From there various deadlines and requirements are initiated in terms of a waiting period, the demands on the respondent to answer, and the need to either come to an agreement, or allow the court into your personal business to decide for you if an agreement cannot be reached.

The 60-Day Waiting Period

In nearly all filings for divorce in Texas, there is a minimum of 60 days before the divorce can be completed. The day that the Original Petition for Divorce begins the 60 day countdown, and includes weekends and holidays. Should the 60th day be on a weekend or holiday, the next business day counts. Keep in mind that day 1 is the day after you filed the petition, not the day it was filed. There are narrow exceptions to the 60-day waiting period minimum that your Trophy club divorce attorney can advise you on should they be relevant to your situation.

The 60 days is simply the minimum amount of time that spouses must wait before finalizing a divorce. The divorce can only be finalized after the spouses have either come to an agreement, or had a court hearing to determine how their assets, liabilities, and responsibilities will be divided, which includes:

  • Property, including residential, commercial, and investments
  • Assets including cash, stocks, equity accounts, and more
  • Liabilities such as shared credit card debt or mortgage debt
  • Spousal support arrangements
  • Child custody and support arrangements
  • Pet custody and support arrangements

Generally, divorces take between 6 months and 1 year to process in Texas. The amount of time that your divorce takes will depend upon the availability of information and the willingness of the former spouses to negotiate.

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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.

Information is Exchanged During this Period

A divorce in Texas is a civil action, and if you are unable to come to an agreement and your divorce is contested, you’ll need to abide by the Rules of Civil Procedure that govern the Texas courts. This generally means that information must be exchanged between the parties within 20 days of the respondent filing an answer. The information that is required, and the deadlines associated with your divorce, will depend upon a variety of factors. As advised by the organization Texas Law Help, it is “a good idea to talk with a family law lawyer about your particular situation”, as knowing exactly what is best for you can be difficult.

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Fort Worth, TX Divorce & Family Lawyers

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SERVING FAMILIES WITH OVER 75 YEARS OF COMBINED EXPERIENCE

Explore Options for Support with a Trophy Club Divorce Attorney Near You

Connect with us by phone at 817-476-7964, or visit our site to request a consultation.

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Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

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PROVIDING CUSTOM-TAILORED LEGAL SOLUTIONS

Trophy Club, TX Divorce & Family Lawyers

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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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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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