Let Bailey & Galyen Be Your Advocate in All Matters Related to A Divorce
Your marriage is over—you’ve tried to reconcile, but the issues are insurmountable. There may or may not be a lot of acrimony. You may or may not have minor children from the marriage, or a considerable net worth that will need to be divided. Divorce is seldom easy and seldom simple. It’s always in your best interests to have an experienced and knowledgeable divorce lawyer, a professional who will work with you to:
- Formulate and implement a custody and visitation agreement that gives priority to the best interests of your children, while simultaneously ensuring that you have a meaningful role in their growth and development
- Put a child support order in place that is fair, taking all income and needs into consideration, including any special expenses related to the child
- Determine whether a grant of alimony or spousal maintenance is warranted and, if so, how much should be paid and for how long
- Allocate marital property and debts under the community property laws in Texas
Bailey & Galyen can help.
At Bailey & Galyen, we have provided comprehensive, yet compassionate, divorce counsel to women and men from Arlington and throughout the Lone Star State for more than four decades. We have a comprehensive knowledge of the laws and procedures governing divorce in Texas and can quickly and accurately examine the facts of your case, determine your rights and take the appropriate steps to protect your rights. We built our practice through hard work and a commitment to the highest levels of client service and satisfaction. We know the value and importance of effective communication and are committed to responding to your calls and emails as soon as possible.
We offer a free initial consultation to anyone contemplating or planning on filing for divorce. To set up an appointment with a compassionate and knowledgeable Arlington divorce lawyer, contact Bailey & Galyen online or call our offices at 844-402-2992.
What Are the Goals of a Divorce Proceeding in Texas?
A marriage is a legally binding agreement. To terminate that relationship, in Texas and in other states, you must file a divorce complaint, whereby you ask the court to legally dissolve your marriage. In the process, a number of issues must typically be addressed and resolved:
- Child custody and visitation, known in Texas as “managing conservatorship” and “access/possession”—where minor children will reside and how non-custodial parents will have time with and/or access to minor children
- The necessity for and potential amount of any child support—Whether the non-custodial parent should make payments to the custodial spouse for the benefit of minor children and, if so, how much should be paid
- Whether there is a need, by either spouse, for financial support from the other spouse for any period of time (including permanently, in some circumstances). If so, there must also be a determination of how much should be paid, how often and for how long.
- The distribution of marital debts and assets as set forth in the Texas community property laws
How Long Does the Divorce Process Typically Take in Texas?
It varies—the length of time necessary to finalize a divorce depends on a number of different factors, such as whether or not one of the parties seeks to contest custody, visitation, support or the division of marital debts and assets. At a minimum, under Texas law, a divorce may not be finalized for at least 60 days, once the divorce complaint has been filed. If the divorce is essentially uncontested, it can often be completed within three to four months. When there are issues being contested, though, the process can take months or years to be resolved, based on the complexity of those disagreements.
What Is the Difference Between a No-Fault vs. At-Fault Divorce in Arlington?
In Texas, a person seeking a divorce need not state specific grounds—it is sufficient to simply allege that there are “irreconcilable differences.” In such circumstances, the process is referred to as a “no-fault” divorce. A spouse may also be entitled to a “no-fault” divorce if he or she has lived apart for the other spouse for at least three years.
If one party can successfully prove, though, that the other spouse was the primary cause for the breakdown of the marriage, it can help the innocent party secure a greater percentage of the marital estate.
A “no-fault” divorce, however, is not synonymous with an “uncontested” divorce. An uncontested divorce simply means that the parties choose not to dispute any issues related to custody, visitation, support and property division. An uncontested divorce may still include allegations of fault.
What Are the Accepted Grounds for Filing an “At-Fault” Divorce in Arlington?
A party alleging fault in a Texas divorce complaint may base it on a number of allegations:
- That there was adultery or marital indiscretion by the other spouse
- That the other spouse engaged in mental or physical cruelty that makes cohabitation unbearable
- That the other spouse has or will be imprisoned for at least one year on a felony conviction
- That the other spouse has or will be confined to a psychiatric hospital or institution for at least three years
- That the filing spouse has been “abandoned” by the other spouse for 12 months or longer
What Is the Waiting Period for Getting Remarried after a Divorce in Texas?
By law, a Texas resident may not get remarried for a period of 30 days after the court issues his or her final divorce decree. A judge may, however, at his or her discretion, waive the waiting period.
Are There Legal Requirements to Qualify to File a Divorce in Texas?
Yes. First, in order to file a divorce complaint in Texas, you must have been a resident of the state for a minimum of six months prior to the filing of your complaint. Additionally, you must have lived in the county where your divorce complaint is filed for at least 90 days before the date of filing.
Why Should I Hire a Lawyer for Arlington My Divorce Case?
It may seem like your divorce is an “open and shut” case. You may have no children, no meaningful assets and no significant disagreements. That can make it tempting to simply handle matters on your own and save legal fees. In almost every instance, that’s a mistake. Even the simplest divorce involves sophisticated legal issues. If your ex is represented by counsel and you are not, you will likely end up making unnecessary concessions or getting less than you deserve…and you can’t expect the judge to protect your rights. Additionally, even when it’s uncontested, a divorce can stir up powerful emotions, affecting your ability to make rational decisions.
Your attorney will know what you need to file and when you need to file it, so you don’t miss critical deadlines. Your lawyer will know what to expect from opposing counsel and can take preemptive measures to help fully protect your rights. An attorney can also review any child support or property settlement order to ensure that your rights are fully protected.
How Can I Choose the Right Arlington Divorce Attorney for Me?
Working with the right lawyer can make all the difference between getting the outcome you want and settling for what’s left. Take the time to interview a number of attorneys, so that you find one you can trust and with whom you personally feel comfortable.
Often, the most important factor when considering legal counsel is the experience they bring to your case. You want an attorney who has handled cases just like yours, who has successfully helped others get the outcome they want. At Bailey & Galyen, we’ve consistently obtained positive results for our divorce clients for more than 40 years.
Need Help with Your Divorce? Schedule a Free Initial Consultation
At the law offices of Bailey and Galyen, with offices across the Lone Star State, we are committed to helping you get the outcome you want. Our phones are answered 24 hours a day, seven days a week. We can schedule an appointment in the evening or on the weekend, if necessary, and can travel to meet with you.