Dallas Divorce Lawyer

Divorce Attorney In Dallas

Divorce is always extremely challenging – especially when the stakes are emotionally high, there are disputes over property, or if children are involved. If you are thinking of ending your marriage in Dallas, working with a dedicated Dallas divorce lawyer from the Law Office of Michael P. Granata can make all the difference in your case. From filing your divorce papers to advocating for you in court, we are here to defend your rights and interests at each step.

With families being front and center in the Dallas community, there is a distinct need for local, informed legal support that can help families navigate challenges with the law. At our firm, we push for efficient strategies while being fully prepared to go to court if necessary.

The Dallas-Fort Worth Garland, TX metro area is home to roughly 2.9 million households and has 2.7 people per household, roughly 10% higher than the United States average of 2.5.

A Dallas Divorce Attorney You Can Trust

Hearing or seeing the word “divorce” can conjure up many emotions and reactions ranging from complete horror, to ‘I knew this was coming but didn’t want to face it,’ to ‘ok I’ll finally be free’. When a Dallas divorce attorney from our firm speaks with clients, they express all these reactions.

Additionally, clients have experienced shock or surprise when they learn from our divorce lawyers that divorce (or the dissolution of the marriage) is an actual lawsuit, filed in the public records down at the county courthouse, where one party is doing the suing and the other party is being sued.

Divorce is a serious decision, and a public civil action.

If you’re thinking about divorce, there are a few things to consider initially:

Dallas divorce law recognizes that as long as one party is domiciled in Texas every marriage (between a man and a woman) entered into is presumed valid even if the persons were married elsewhere.

Dallas divorce law requires that a party wishing to divorce and planning to file for divorce must be a resident of the state of Texas for six months and a resident of the county in which the lawsuit is filed for the preceding 90 days.

Texas also requires that, at the same time divorce proceedings are occurring, all property issues and all children related issues are addressed and resolved.

Texas presumes that every child born during the marriage is the biological offspring of that marriage, even if both parties acknowledge the child is not biological child of one of the parties. In this case it is important to have a finding the child is not the biological child of non-paternity parent.

The Simple Divorce – a Cooperative, Uncontested Dissolution of the Marriage (That Still Requires the Help of a Dallas Divorce Attorney)

While no divorce can truly be called a simple divorce, legally it may be considered a simple divorce if both parties are in agreement to get a divorce and there is no dispute concerning property and children and both parties are willing to sign the necessary papers.

In a simple divorce, a divorce decree can be prepared while the 60-day waiting period elapses. Once the divorce decree is drafted based on the agreed terms and both husband and wife sign the divorce decree, the facts and the paperwork are presented to the Judge and the divorce is granted.

Though this is the “simpler” divorce, a divorce is still a complex legal matter that is best handled by a Dallas divorce attorney.

You can’t predict the future.

While everyone might be getting along great right now, you can’t predict what either you or your spouse might go through or feel in the future. Emotions run high during a divorce, even an amicable one, and having an advocate to turn to should the settlement negotiations get heated is always a good idea.

Circumstances can also change after the divorce. Have you considered child custody implications if one of you remarries? What if you or your ex-spouse decides to move out of town or out of state? How will you handle these situations?

You might not be aware of all of your rights and obligations.

Some matters, particularly financial ones, can be more complicated than they seem. Dallas divorce lawyers spend years learning how the courts handle a myriad of laws regarding property rights. It is crucial that before agreeing to a division of property that both of you know what constitutes marital and non-marital assets, the value of these items, and how they are typically divided in the jurisdiction in which they live in accordance with the facts of your case.

Have you considered the tax implications of your divorce? Does your child custody arrangement and parenting plan cover future financial needs such as providing for healthcare for every family member as well as the educational needs of your children? Trying to resolve these matters can become complicated, and a Dallas divorce attorney will help navigate these matters — and help you keep the peace.

The Contested Divorce Proceeding – the unfortunate “Nasty Divorce”

When terms cannot be agreed upon — or there is marital property, other assets, liabilities and/or children issues — the process remains the same as a simple divorce but, as might be expected, there is the need for more discussion and decision making thus extending the time it takes for the entire divorce process to be finalized.

In contested proceedings, it is impossible to predict how long it takes for a divorce to be finalized. The time frame is dependent on the complexity of the issues, how contentious the parties are, and if there is an attorney representing the other side. Fighting spouses cause “nasty divorces,” which costs everyone a lot in both time and money. In these kinds of divorces, it is imperative to consult with a Dallas divorce attorney.

Valuing the Property in a Texas Divorce

One way to assess the value is by asking the parties to provide the information to each other in an informal way that is a simple, speedy and cost efficient way to obtain the details of the property, liabilities and assets. It does have some drawbacks in that information may be absent either intentionally or accidentally.

Another way is formal documentary discovery. Discovery is the legal method which one party uses to “discover” information about the other party through various methods of documentary inquiry. This is most commonly done with questions (known as “interrogatories” or “disclosure”) and a request for production of documents. This is time-consuming but it is a thorough way to get the information necessary to negotiate equitable divisions.

Another way is through the use of retained financial experts. Financial experts are brought to Court to testify about the value and characterization of property based upon specialized knowledge that the expert possesses. If you have a closely held business, even with significant revenue and income, this is a possible avenue to value a family run business but your Dallas divorce attorney will explain all of your options to you.

High-Asset Divorce in Dallas

A high-net-worth divorce comes with a need for specific legal strategies and a robust network of professionals to ensure financial interests are protected and that assets are fairly divided. Such cases in Dallas commonly involve complex investment accounts, retirement plans built over decades, diverse real estate portfolios, international or hidden assets, and business ownership.

According to Texas community property laws, any assets acquired during the marriage are subject to equal division—although this doesn’t always mean that they will be split down the middle. Our firm works to ensure these laws are applied appropriately and fairly to your case, working with our tight-knit network of professionals to identify and evaluate marital assets accurately, from financial analysts to real estate appraisers to forensic accountants.

We also work to maintain your privacy, making sure that tax exposure is minimized, business continuity is preserved, and that your family’s affairs are protected from the public. Whether you’re a highly successful executive or business owner in the Dallas area or the spouse of one, we can support you with evaluations, investigations, and navigation of spousal maintenance claims.

What about the Children?

Up to now, little has been stated about the children. There are two overall legal issues for children in divorce: child custody and child support.

Child related issues during a divorce add complexity the proceedings. Since divorce restructures the family unit, parent-child issues such as custody (in Texas it is called conservatorship), visitation schedules, child support payments, and maintenance of health insurance for the children will be determined with the best interest of the child as the primary consideration.

Texas Child Custody Laws

Courts in Dallas and across the state of Texas operate under the assumption that children benefit the most when both their parents are actively involved in their upbringing. Therefore, joint managing conservatorship (JMC)––when both parents share parenting duties and rights equality––tends to be the most common type of custody arrangement. This doesn’t always mean, however, that each parent receives equal parenting time.

If there are any concerns, such as neglect, substance abuse, or family violence, the courts may choose to award sole managing conservatorship (SMC) to one parent only. Decisions regarding child custody are made based on the “best interests of the child” in Dallas County, with the following factors being considered:

• The ability of each parent to care for the child
• The emotional and physical needs of the child
• How stable each home environment is
• Whether there is any history of abuse or domestic violence
• The preferences of the child, if they are at least 12 years of age.

It’s possible for parents to make a parenting plan that lays out decision-making authority and visitation, but the courts will have to approve the agreement before it can be legally valid. If parents can’t agree on a parenting plan, a plan will be imposed upon them by the court. A dedicated divorce attorney from our team can assist you with navigating the complexities of divorce and child custody law in the Dallas area.

Divorce Process In Dallas, Tx

No two divorces are the same. Nevertheless, the legal process for a Texas divorce has several steps that all parties may be required to follow. Our Dallas divorce attorneys outline some of the steps below.

The First Steps in the Texas Divorce Process

From a legal perspective, the first step to take when obtaining a divorce is wanted by one of the parties is to file the necessary paperwork with the district court in the county where that party resides. This initial filing is called a “petition” as the party is petitioning the court to dissolve the marriage and grant a divorce.

The petition provides to the court the basic information about the parties, the children, date of marriage and confirms the residency requirement. In Collin, Dallas, Denton and Rockwall Counties, “standing orders” are a required part of the divorce petition, which go into effect immediately and apply to every divorce lawsuit. These standing orders are rules that address issues regarding children, pets, property and conduct of the parties.

What Happens After the Divorce Petition is Filed

Once the divorce petition is filed, the other spouse must be made aware that a lawsuit for divorce has commenced. The court must have proof that the spouse has received the divorce petition.

This process is formally called providing “service” on the respondent. It can be accomplished in different ways:

• A sheriff, a constable or a private process server can “serve” the divorce petition to the party and then file proof of the service with the court; or
• In amicable situations, the divorce petition can be handed or mailed to the other person. If this is done, then the receiving party will sign a waiver (waiving the need for the above referenced formal service) which then must be filed with the court before the divorce can be finalized; and

In either of the above, when a spouse is served with the divorce papers, he or she has approximately 20 days to file an answer with the court which will serve as proof that the divorce petition was received. However, there is no need to file an answer if that spouse will sign the waiver as mentioned above. Our Dallas divorce attorneys will advise you which steps you need to take.

The First Court Hearing

In some cases it may be necessary to have a hearing at the court early in the divorce process so that the court can issue orders concerning children and property by which the parties must abide. An early hearing may be unnecessary if the divorce is filed in a county that has “standing orders” (as referenced earlier) which are part of the divorce petition and these standing orders address the issues of the case. If there is a hearing set by the court, then the divorce petition and the notice of hearing must be served on the other party as described above.

At this initial hearing, there are different types of orders that may be issued by the court depending on whether there are children, a residential property or if harassment or family violence is occurring. Though a hearing may be intimidating, our Dallas divorce attorneys will outline everything that will happen and how to prepare.

Most orders will be temporary until the divorce is finalized.

The Advantages of a Settlement Proposal over a Trial

When all the facts have been reviewed a settlement proposal may be made to the other party. It may take time to negotiate but it is better to try to reach an agreement than to have a trial, tell your side through your testimony in court and then have the Judge decide the outcome. Prior to setting a date for trial, however, most Judges require the parties to attend a mediation conference. In mediation, an impartial party, usually an attorney with special mediation qualifications will help the husband and wife reach an agreement and draft a settlement agreement which the parties sign and is then binding. Divorce attorneys are permitted in the mediation, and we can help you negotiate the terms of your divorce. Of course if the case cannot be settled, then it will go to trial. Either way, our Dallas divorce attorneys will be with you every step of the way.

Temporary Orders Control until the Divorce Decree is Finalized

As stated before, the time between the filing of the divorce petition and the time the Judge grants the divorce cannot be less than 60 days. In most cases, it is longer than that by a few weeks. In many cases; it is much longer than 60 days as the divorce process can take months or years if the issues are complicated.

In the interim, between the filing of the divorce petition and entering the divorce decree, there can be a temporary agreement or temporary orders will be issued. If the parties can agree to reasonable arrangements concerning the use and payment of the house, care of the children, bill payments and personal conduct than the need to go to court to ask the Judge for temporary orders concerning these issues does not exist.

In the event that agreement is not reached, early in the case a hearing is set with the court and the parties will get rules from the Judge. The ruling is turned into a legal document called Temporary Orders. These orders remain in effect until the divorce is finalized.

FAQs

What Are the Grounds for Divorce in Dallas?

The grounds for divorce in Dallas are both fault-based and not fault-based. A common neutral ground in Dallas is insupportability, which means that the marriage is no longer supportable due to ongoing conflict. Fault-based grounds for divorce in Dallas include abandonment, cruelty, a felony conviction, and adultery.

By working with an experienced divorce attorney, you can understand which grounds may be most appropriate in your situation and how they can affect your divorce case.

How Long Does It Take to Finalize a Divorce in Dallas County?

The amount of time it takes to finalize a divorce in Dallas County is dependent on the specific details of the case, including whether the divorce is contested or not, whether there are children involved, and the complexity of assets.

From the date that the divorce petition is filed, there is a mandatory 60-day waiting period under Texas law. Contested divorces in Dallas, however, could last several months or even longer. A skilled attorney can help you determine a more specific timeline for your case.

Where Do I File for Divorce in Dallas?

You can typically file for a divorce in Dallas with the Dallas County District Clerk’s Office. In order to file for divorce in Dallas County, you or your spouse must have been living in the county for a minimum of 90 days. A knowledgeable attorney can help you understand whether you meet all of the requirements for filing in Dallas, as well as how and where to initiate the process.

How Is Property Divided in a Dallas Divorce?

In a Dallas divorce, property is divided according to Texas Community property laws. Therefore, the majority of property that is acquired during a marriage is typically divided equally between the divorcing spouses. In some cases, however, Dallas courts may decide to award an unequal split depending on factors like fault in the divorce, custody arrangements, and the earning potential of each party.

Who Gets Custody of the Children in a Dallas Divorce?

In a Dallas divorce, the person who gets custody of the children depends on how the court prioritizes what it considers to be the “best interests of the child.” An arrangement known as joint managing conservatorship (JMC) involves shared legal and physical custody and is common in Dallas unless concerns like abuse or neglect have arisen. As long as both parents are fit, they may share custody.

Final decisions may involve who the child will be living with, decision-making rights, and visitation.

Trust Dallas Divorce Attorney, Michael P. Granata

Please don’t hesitate to call or email our divorce lawyers for a paid initial legal consultation if you are considering a divorce, or have been served with divorce papers. The Law Office of Michael Granada is ready to help you! Call 214-977-9050 today to schedule a consultation with an experienced Dallas divorce attorney.