Texas Divorce Attorney Serving Denton, Carrollton, The Colony, Lewisville, and Flower Mound
Even when both spouses are on the same page, going through a divorce is a stressful and often trying experience. A break up is never easy, even with spouses who parted as friends.
Even agreed divorces require one or both parties to go to court, and often legal issues arise that the parties had not anticipated, necessitating uncomfortable – if not contentious – discussions and decisions.
When the spouses are not on the same page with regards to property division, spousal support, child custody, child support, visitation, or other key issues, a divorce can result in complicated negotiations, leveraging information, attending mediation, attending counseling, hiring forensic experts, and in many cases ending up with full-blown litigation. As a result, individuals going through a divorce in Denton, Lewisville or Flower Mound should hire a knowledgeable divorce attorney who is experienced with mediating, negotiating, and litigating divorce disputes in Texas. Even if your divorce can be resolved amicably, you will feel better knowing you have a trustworthy advisor on your side.
Helene Parker is a passionate, straight-talk Lewisville family law attorney with over 20 years of experience, handling divorce disputes and related family law matters. She represents clients in Denton, Carrollton, The Colony, Lewisville, and Flower Mound in both agreed and contested divorce cases.
Legal Representation for Texas Divorces
Aside from collaborative law divorces, there are two main types of divorce proceedings in Texas: agreed divorces and contested divorces. Both types may be either “no-fault” (Texas uses the terms “conflict of personalities”), or fault-based. The following are considered fault-based:
- Cruel treatment
- Domestic violence or abuse
- Incarceration (for more than one year) or institutionalization (for more than three years)
- Living apart for more than three years
Agreed divorces generally occur when the couple has no children and settles on a mutually-acceptable division of property. It is not usual for a couple with children to have an agreed divorce because the parties usually argue over child support, medical support, conservatorship rights, and visitation schedule. When the parties have differences as to these issues, the divorce will be contested and require dispute resolution, such as mediation, or engage in litigation.
Helene Parker & Associates, L.L.C. also has experience representing parties who are in the military and who are involved in a divorce while in the military.
Issues to be Resolved in Texas Divorces
In finalizing a divorce, the spouses will need to either agree on (or submit their dispute to a judge) how to handle a number of issues, such as:
- Temporary custody arrangements for the child(rent)
- Temporary child support and medical support
- Temporary visitation schedule
- Temporary possession of certain assets during the divorce proceedings
- Temporary spousal support
- Temporary medical insurance for the spouse
- Division of assets and debts
- Liability for mortgages, loans, and other debts
- Post-Divorce spousal support
- Post- Divorce child support and medical support
- Child custody and visitation rights
- Division of retirement accounts, such as 401k, IRAs, TRS, etc.
With regard to property division, Texas is a “community property” state, meaning that the court presumes that any assets or debts acquired during the marriage shall be divided 50/50. However, there are various factors and circumstances that could overcome the legal presumption, such as pre-marital ownership, inheritance, unequal earning power, and fault in the divorce. If a spouse is able to overcome the legal presumption, the court may award that spouse a disproportionate distribution of assets.
Military divorces involve additional issues. Read more about Texas military divorce.
Mediator for Texas Divorces
In addition to vigorously representing spouses in divorce proceedings, Lewisville Divorce attorney Helene Parker also serves as a family law mediator to help couples resolve their divorce-related disputes out of court. Helene Parker is a credentialed family law mediator, having settled hundreds of family cases over the course of her career.
Mediation is often preferred to litigation because it takes place at the lawyer's office, therefore informal, less expensive, more efficient, and confidential. Mediation can be used to resolve all possible issues in a divorce or it can be used to reach agreements on discrete issues. Click to read more about Helene Parker's family law mediation services.
Contact a Lewisville Divorce Lawyer Today
To speak with our Lewisville divorce attorney about filing your agreed divorce in court or obtaining legal representation for your contested divorce, contact Helene Parker & Associates, L.L.C. today. We serve clients in Denton, Carrollton, The Colony, Lewisville, Flower Mound, and surrounding areas.