When marital problems turn your thoughts to the possibility of divorce, ordinary activities become more complicated. A spouse’s absence is increasingly awkward to explain away to the children, other family members, friends, and coworkers. Concentrating at work becomes more difficult because of unmanageable stress at home.
If you live in Texas and are contemplating a divorce, or if your spouse has already served you with court papers, then you need the advice and representation of an experienced divorce attorney (or “marriage attorney”). In many ways, you and your family’s future will be impacted by divorce. For better or worse success could depend upon the decisions you now must make.
Our team of dedicated Texas divorce attorneys always take a personalized approach. Every family law solution involves careful consideration of a client’s unique circumstances. An attorney with the Jimenez Law Firm will listen to your side of the story and discuss your goals. On accepting the case, your attorney will invest the time necessary to understand you and your concerns, the children and their needs, and your financial situation.
From there, your attorney will strategize and develop legal solutions to resolve:
- property division
- child custody
- child support
- spousal maintenance
All with the intent to bring about the most favorable outcome for you and your children.
Navigating Family Law Proceedings in Texas Family Courts
Before deciding on divorce, set time aside to learn the dissolution of marriage process in family court and the key issues that must be addressed. Divorce is uncharted territory for most people and can be intimidating, another reason to hire an experienced divorce attorney in your area to guide you through each proceeding. Absorbing accurate information about the process could ease your anxieties considerably. At the Jimenez Law Firm, we have an abundance of experience and can help you work through any type of divorce situation including:
- Legal Separation
- Annulments
- No-Fault Divorce
- Covenant Marriage Divorce
- Military Divorce
- Same-Sex Divorce
- Contested and uncontested divorce
No matter the circumstances, the Jimenez Law Firm can service you.
What Are Contested and Uncontested Divorces?
Before a divorce will be granted, disputes over spousal maintenance, separate assets, community property, legal decision-making authority and parenting plans, and child support obligations must all be resolved. Divorcing spouses who agree to a settlement, in writing, on all of those issues are likely to be granted an uncontested divorce, which avoids adversarial litigation and trial because there are no disputed issues for the court to decide. Settlement negotiations are an essential part of the divorce process.
However, if spouses do not reach agreement on all the basic issues, then a contested divorce ensues. If the respondent disputes any matter raised in the petition, then the divorce is contested. In that instance, the parties proceed through all phases of litigation. The spouses may voluntarily participate in Alternative Dispute Resolution (ADR), such as mediation, or they may be ordered into ADR by the court. Spouses with children will be required to participate in mediation.
Flower Mound, Lewisville, and Midland-Odessa Divorce Attorneys
The emotional weight of a divorce can be overwhelming. Engaging an experienced and effective legal team can help you navigate these pressures and reach the most successful resolution. With emotions potentially clouding your situation, it is wise to call upon a skilled team of attorneys who can effectively guide you toward a successful resolution.
Family law attorneys
Denton, Ector, and Midland Counties Divorce Lawyers
At the Jimenez Law Firm, P.C., our North and West Texas divorce lawyers have a great deal of experience handling a wide range of family law matters. We value accurately assessing your goals in order to properly determine a strategy. Our strategy for your case is determined only after we build a full understanding of your goals. Our process dictates a thorough understanding of the facts of your case from children to assets to personal values and beliefs. Our clients appreciate our thorough approach as we educate them on the legal process and the obstacles they might have to overcome along the way. Denton, Ector and Midland Counties Divorce Lawyers
There are several issues that must be resolved when handling a divorce, including:
Child custody and support:
The JLF Legal team is comprised of parents just like you. We understand children are a sensitive matter when it comes to all of our cases. We take special care to advocate the best for your children, as well as handling your issue with the utmost compassion. While child support is determined by a calculation, child custody — where the children actually live and what type of visitation a parent receives — can be determined through negotiation or mediation. If a proper parenting plan cannot be decided by the parties, the judge will order a custody and visitation schedule. Our firm diligently prepares for each hearing regarding custody and child support matters to ensure that the judge will consider all of the favorable evidence available to determine what is in your child’s best interest.
Property distribution:
Our office will work diligently to properly assess and value all community property in order to determine an equitable split. The court may consider factors such as adultery, possession of the children, work and educational experience, and spousal abuse. We will compile the most favorable evidence possible to ensure that you get what you are legally entitled to. Our office will provide an inventory outlining separate property and a fair and equitable division of the community property. Many people do not understand the distinction between community property and separate property. Basically, property or assets gained during the marriage are considered community — owned by both parties and subject to equitable distribution. Separate property can be property owned before the marriage, or property acquired by gifts or inheritance. There are many factors that our legal team will consider in determining how property should be classified and divided. Often times we will discuss exchanging one asset for another or even accepting more debt in exchange for more assets. There are many ways that we can customize the property division to fight for the property distribution you desire.
Spousal support:
Spousal support can be determined through negotiation or mediation. Factors the court may consider are similar to that of property distribution. Most parties will be eligible for temporary spousal maintenance. However, post-divorce spousal maintenance will also depend on the length of marriage. The most important factor includes whether the party requesting spousal support is financially unable to provide for the basic necessities due to lack of education, skill, or employment. If you are requesting spousal support, we will put forth the best evidence possible to persuade the opposing attorney or court to ensure that the opposing party provides for your living needs. If you are opposing spousal support, we will attempt to persuade the opposing attorney or court that the amount requested is not necessary or should be reduced.
Community property:
Many people do not understand the distinction between community property and separate property. Basically, property or assets gained during the marriage are considered community — owned by both parties and subject to equitable distribution. Separate property can be property owned before the marriage, or property acquired by gifts or inheritance. There are many factors that our legal team must consider in determining how property should be classified and divided.
Preparing for Divorce
If you have decided on divorce, it can be helpful to begin compiling paperwork. These documents can be bank records, police reports, photos of abuse, contracts and any information regarding property and assets. Often times, during a divorce proceeding, these things may be lost or destroyed. It is important that you preserve as much favorable information as you possibly can. Some of these documents and photos may be admissible in a court of law. These items can prove to be extremely persuasive during negotiation and litigation.
Our legal team strongly suggests visiting our firm prior to filing for divorce. This will give our team an opportunity to decide the best overall strategy for your specific case.
What to Expect During the Divorce Process
Like every legal matter, each divorce is different and presents many complex issues that will only come to light once we engage in a consultation at our office.
However, most often the process will commence as follows once we are retained. Our legal professionals will draft a customized petition for divorce, temporary restraining order and order setting temporary hearing. A temporary hearing will be conducted with fourteen days of filing the petition for divorce, temporary restraining order and order setting temporary hearing. Prior to the temporary hearing we will attempt to negotiate with either the opposing party or opposing counsel. If we are able to reach an agreement, we will attend a short hearing and prepare the required court order. If, however, the negotiations are unsuccessful, we will then prepare for a contested temporary hearing. In this phase of the process, you and the attorneys will work as a team to ensure that all necessary witnesses and documents are presented as evidence. At the conclusion of this hearing the court will determine the issues of temporary conservatorship, visitation, child support, medical insurance and exclusive use and possession of property. These orders will remain in effect for a minimum of 60 days since this is the minimum length a party must wait to obtain a divorce in Texas.
Once the 60 days have lapsed, we will once again attempt to negotiate a final settlement with the opposing party. At this time, if your divorce is uncontested, we can have a simple hearing and announce our agreement to the court. If any matter remains contested our lawyers will prepare for litigation. Post-Divorce Proceedings
Post-Divorce Proceedings
Modification of Orders:
Even after a divorce is finalized, we might have to help clients modify the judgment orders relating to child support, spousal support or visitation.
Enforcement of orders:
Once a judgment is made, the judge’s orders must be followed. If orders regarding child support, spousal support or visitation are not followed, the violator can be subjected to contempt proceedings. The punishment for contempt actions can include a fine of up to $500.00 per violation and / or confinement in jail for up to six months per violation. Our dedicated team of attorneys takes honor in the judicial system and litigates enforcement matters with passion. On the other hand, if you find yourself the subject of an enforcement matter, we look to the enforceability of the prior order and obtain the best possible resolution.
Contact Our Family Law Firm
Jimenez Law Firm’s expertise encompasses a variety of family law matters, including:
- Adoption
- Adultery and divorce
- Alimony or Spousal Support
- Child Custody
- Child Support
- Community and separate property
- Distribution of marital assets
- Domestic and family violence, battery
- Domestic partnerships and cohabitation
- Enforcement and modification of court orders
- Grandparents’ rights
- Mediation
- Parenting Plans
- Paternity
- Post-Divorce Modifications
- Property Division
- Uncontested divorce
- Visitation rights
If you have questions regarding divorce, contact The Jimenez Law Firm, P.C., by calling or by completing the contact form on this website. We offer consultations and accept most major credit cards for the payment of services.
