Arlington Divorce Attorneys
Dedicated Attorneys Helping You Navigate the Complex Divorce Process
Going through a divorce is one of the most overwhelming events an individual can ever go through. Many issues must be decided, including the division of marital property, child custody, and spousal support.
If you are nearing the end of your marriage, trying to determine what choices are right for your legal needs can be overwhelming. The best choice you can make to protect your interests is to hire an experienced Arlington divorce attorney who will work to protect your legal rights and help you obtain a fair settlement.
Hartley Law Group is a law firm dedicated to helping clients obtain the best possible outcome for their legal needs. Our compassionate attorneys have comprehensive experience helping clients and will work to create innovative legal strategies that meet your needs. Contact our law office today to schedule a consultation with one of our attorneys, who will gladly determine your legal options.
Is Texas a No-Fault State for Divorce?
In Texas, whether you seek a no-fault or fault-based divorce depends on the facts of your case. For a no-fault divorce in Texas, neither spouse must prove that the other is guilty of wrongdoing to obtain a divorce. The legal term Texas uses to describe a marriage with no chance of reconciliation is “insupportability.”
Generally, no-fault divorces can be resolved in less time than contested divorces, as there is no need to prove fault-based grounds. In no-contest divorces, couples agree on critical matters such as child and spousal support, child custody, and property division.
However, if a couple cannot agree on key issues, then a spouse can file for a fault-based divorce. Texas fault-based divorce grounds include adultery, abandonment, physical or mental abuse, felony conviction, a spouse being confined to a mental hospital, or at least three years of separation.
If you are unsure what type of divorce is right for your needs, consult a knowledgeable attorney who can review your case and determine the best option.
How Temporary Orders Protect You During the Arlington Divorce Process
When a divorce is filed in Arlington, TX, weeks or even months may pass before a final settlement is reached. During that gap, critical questions about child custody, financial support, and use of marital property need immediate answers. Temporary orders provide that structure, establishing rules both spouses must follow while the divorce process unfolds.
A judge can issue temporary orders that address which parent the children will primarily live with and how parenting time is divided, how much child support one spouse will pay the other while the case is pending, whether spousal maintenance will be awarded on a temporary basis, which spouse will remain in the marital home, and who is responsible for ongoing expenses like mortgage payments, utilities, and insurance.
Without temporary orders, one party could drain joint bank accounts, restrict the other spouse’s access to the children, or stop contributing to household expenses with little immediate consequence. These orders create accountability and prevent one spouse from gaining an unfair advantage before the divorce is finalized.
An Arlington divorce attorney can petition the court for temporary orders early in the process, ensuring your financial stability and parental rights are protected from the start. At Hartley Law Group, our Arlington, TX divorce lawyers understand that the decisions made during this interim period often set the tone for the final settlement. Having experienced legal counsel advocating for your interests at this stage can make all the difference in the outcome of your case.
How is Marital Property Divided?
Texas uses the “equitable distribution” principle to divide marital or community property. Many individuals going through a divorce mistakenly believe that “equitable” means that the property will be divided equally. On the contrary, Texas law dictates that any community property shared between the spouses will be divided on what the court believes to be “just and right.”
Community property assets typically include jointly owned property, bank accounts, real estate, and debt accrued during the marriage.
For this reason, it is in a couple’s best interests to reach an independent agreement on how their property and assets should be divided. If the spouses cannot agree, the case becomes a contested divorce.
One of the most significant benefits of hiring an Arlington, TX divorce lawyer is that they can help facilitate an out-of-court property agreement and ensure it meets all state legal guidelines. Our attorneys have often helped clients draft settlements for their current and future needs. Contact our dedicated legal team today so we can assess your case and determine how we can assist you with your legal needs.
Which Spouse Usually Gets the House in a Divorce?
A common concern for many couples getting divorced is who will get the marital home in the settlement. The court will typically honor a couple’s decision about who should have the home if they have already resolved property division issues.
In many cases, couples decide who should remain in the home based on what is in the best interests of their children. In other instances, one spouse buys out the other, or the home can be sold, and the proceeds are split between the two spouses.
Suppose the couple cannot decide who should retain the home. In that case, a judge will decide the matter and who will decide based on the home’s value, financial abilities, and contributions made by both spouses during the marriage.
If you are concerned about how your home may affect your divorce, consult a lawyer to review your options and determine what best suits your needs.
Understanding Spousal Support and Alimony in an Arlington, TX Divorce
Spousal support is one of the most misunderstood aspects of Texas divorce law. Many people assume that alimony is automatically awarded when a marriage ends, but Texas law sets specific eligibility requirements that must be met before a court will order one spouse to provide financial support to the other.
Under Texas law, spousal maintenance may be awarded when one spouse lacks sufficient property or income to meet their minimum reasonable needs after the divorce. Eligibility typically requires that the marriage lasted at least 10 years and the requesting spouse can demonstrate they cannot earn enough to support themselves independently. Exceptions exist for cases involving family violence or when one spouse has a physical or mental disability that limits their earning capacity.
The amount and duration of spousal maintenance depend on several factors, including the length of the marriage, each spouse’s earning ability, education, employment history, and contributions made during the marriage, such as homemaking or supporting the other party’s career. Spousal maintenance in Texas is generally capped at $5,000 per month or 20 percent of the paying spouse’s gross income, whichever is less, and is limited in duration based on how long the marriage lasted.
Securing alimony requires presenting compelling evidence to the court that demonstrates genuine financial need. An Arlington divorce attorney can help you gather the relevant information, present your case persuasively to the judge or opposing counsel, and ensure that any support arrangement reflects your actual circumstances. At Hartley Law Group, our family law attorneys in Arlington, TX are deeply committed to helping clients achieve fair outcomes on spousal support matters during this difficult time.
Why is it Important to Hire a Divorce Attorney?
Even a Texas no-fault divorce can become complicated if one spouse decides not to agree to the proposed terms. One advantage of hiring a divorce attorney is that they have the legal skills and knowledge to assist in negotiations that will protect your interests.
An experienced divorce attorney understands the legal intricacies of resolving primary concerns regarding child custody and support issues. For example, an attorney can help negotiate a spousal support agreement that adequately provides for the dependent spouse.
Other legal services that a divorce attorney provides to clients include:
- Identify and resolve potential legal issues before they become problematic
- Assistance with completing legal paperwork and filing documents with the court
- Provide information and guidance when determining how marital property should be divided
- Provide peace of mind and reduce stress as they assist you with the divorce process
Having a highly trained lawyer on your side during divorce proceedings can help make the process go more smoothly and ensure your case is handled quickly and efficiently.
Will My Divorce Case Have to Go to Trial to Be Resolved?
One of the biggest fears for individuals going through a divorce is whether their case must go to trial to be resolved. In Texas, most divorce cases are uncontested, meaning they do not have to go to trial. Often, couples can resolve differences through negotiations between their attorneys or alternative dispute mediation (ADR) with a neutral third-party mediator.
A divorce will only proceed to court if the couple cannot resolve their differences. The most common issues that are challenging to resolve in divorces are child support, custody, and property division. However, even if a case is scheduled to go to court, it can still be resolved beforehand through negotiations between attorneys.
Hartley Law Group is passionately committed to helping clients avoid their divorce cases from having to go to trial. Our divorce attorneys have excellent negotiating skills and will work tirelessly to ensure that you receive a fair outcome.
How Long Does it Take to Get a Divorce in Texas?
If you are going through a divorce, you will likely want to get the process over with so you can have a fresh start. Texas law dictates that couples who wish to end their marriage must wait a mandatory 60 days. This delay is meant to be a cooling-off period that allows couples to reconsider their desire to obtain a divorce or reconcile.
A no-fault divorce could be finalized in as little as 61 days, but often takes two to three months after the mandatory waiting period. Several issues, including negotiations between spouses, legal filings, and court docket scheduling, can often prolong a divorce case.
It could take nine months to several years for a contested divorce to be finalized. Because a contested divorce can take longer to be resolved, hiring an attorney to assist you with negotiations that help expedite the legal process is best.
Regardless of the type of divorce you ultimately decide is best, you should hire an attorney who will act as your advocate to ensure that your settlement meets your current and future needs.
Can I Trust Your Divorce Attorney to Get Me a Fair Settlement?
Our Arlington, TX, family law firm recognizes the emotional toll that a divorce can have on your life and family. When you come to us for help with divorce proceedings, we will identify your goals and implement a plan to achieve your objectives.
Unlike other attorneys who often make empty promises to clients, our legal representatives will only act in your best interest. Our legal team strives to treat each client with the care and compassion they deserve as they work to help clients through this challenging time.
Our attorneys will work hard to ensure that you can obtain a divorce in a reasonable amount of time and secure a fair settlement.
If you are considering a divorce, contact Hartley Law Group at our Arlington, Texas, law office by calling 805-639-0600 and ask to schedule a consultation. A qualified legal team member will professionally evaluate your case and discuss available options.