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 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 a 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 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.
Why is it Important for Me 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?
Hartley Law Group 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.