FRISCO DIVORCE ATTORNEYS DEDICATED TO YOUR BEST INTERESTS

Frisco Divorce Attorneys

The dissolution of a marriage can be a frustrating and lengthy process: often unforeseen problems can arise. Employing the expert legal services of Ball Morse Lowe, PLLC. Meeting with a family law attorney is the first step in understanding the intricate process and gaining a fresh start. Our law firm handles all aspects of divorce, including:

Sophisticated or contested divorce: Complex divorces are those in which couples might not agree upon one or more problems. Uncontested divorces can become contested if the parties disagree on a few items. Complex divorces may include high-asset couples and business owners.

Military divorce: Military divorces involve many legal issues that civilians often do not contend with. The Uniformed Services Former Spouses' Protection Act ("USFSPA") and Texas laws will determine how military pensions and benefits are divided. With veteran attorneys on staff, we are here to help serve those who have served. 

Uncontested divorce: Even in the event of an uncontested divorce, it's sensible to seek the counsel of a Dallas divorce lawyer to advise you. Legal representation will make certain you and your partner have considered every option and all rights are protected.

Mediation: In some circumstances, it might be necessary to attend mediation before going to trial within an issue. We work with accredited mediators who will help you solve your problems, avoid trial and keep pricing minimal.

Divorce separation and planning: In some instances, legal separation might be an option. But if you or your partner is considering divorce, there are steps you can take to prepare for that choice while consulting with an attorney.

Property and asset valuation and division: Our company works closely with financial specialists who assist in valuing assets, counsel on tax consequences, and divide marital debt.

Temporary orders: Many clients worry about their financial and living situation while divorces are pending. It's possible to secure temporary requests to ascertain living arrangements, spending habits, and custody arrangements for the interim before your divorce is finalized.

Frisco, Denver, Norman, and Oklahoma City Divorce Lawyers

In regards to marital dissolution, you do have choices: formal divorce lawsuit, a divorce trial in court, or a personal collaborative divorce process outside court. You could also mediate your case with the support of a divorce mediator to reach a divorce settlement agreement. Ball Morse Lowe, PLLC has a team of trained and experienced Frisco, Denver, Norman, and Oklahoma City divorce attorneys who are ready to represent you in your divorce, regardless of which option is necessary for your case.

Divorce Litigation

A litigated divorce through the court system begins with the filing of a petition for dissolution of marriage with the court. Temporary orders may be entered, setting forth how you and your spouse will share time with your kids, what child support and support alimony is going to be, who will live in the marital home, how the bills are going to be paid, and additional issues necessary to address during the divorce proceedings. In Frisco, there will be a parenting plan conference at the start of the situation where these temporary issues might be resolved by agreement. The court will also enter an order, setting deadlines for getting certain tasks completed which may also require mediation for the parties in an attempt to settle their case outside of court. In the end, if you and your partner are unable to reach a settlement agreement, a trial will be held and the judge will decide who gets what, who pays what, if you'll have sole custody or joint custody of your children, and coordination of a visitation schedule.

The Collaborative Divorce Process

Before a marriage is filed for divorce with the court, consider if the collaborative divorce process would be best in your particular situation. Unlike a traditional, position-based lawsuit, the collaborative divorce process involves interest-based negotiation and permits parties to make their own decisions instead of a judge. It is a client-driven rather than a court-driven process: cooperative, rather than combative.

Ball Morse Lowe, PLLC has advanced training and experience in the collaborative divorce process and can effectively represent you on your collaborative divorce. You, your spouse, and your collaboratively-trained attorneys sign an agreement to collaborate on a settlement agreement and not go to court. Private, informal meetings are held and documents and information are freely exchanged so that you're equipped to make wise decisions about your children and financial future. Divorce coaches handle any emotional issues which might interfere with your collaborative efforts. If needed, other collaboratively-trained professionals may be involved to assist with financial and child-related difficulties. After an agreement is reached, the necessary paperwork is drawn up and filed with the court to finalize your divorce. If collaborative efforts fail, which is rare, each of you is required to hire new lawyers for litigation purposes.

The collaborative divorce process is personal, respectful, and ends in a mutually beneficial outcome without the added stress, publicity, and inherent expense associated with litigation.

The Mediation Divorce Process

Mediation is a lower-stress, low-cost alternative to traditional divorce litigation. It's an alternative dispute-resolution process that's often required by the court before proceeding to trial and, if successful, leads to an out-of-court settlement. Spouses meet with an independent mediation professional, typically an attorney, who facilitates their settlement negotiations. The mediator is a neutral settlement facilitator who doesn't represent either of you and cannot provide you with legal advice.

Mediation can be done either with or without legal agents and can occur at any time, both before or during the divorce proceedings. One or more mediation sessions will be held, depending upon the issues in your specific case. Once a settlement agreement is reached, it is put in writing.

Ball Morse Lowe, PLLC is an experienced Frisco divorce mediator. We have mediated divorce and other family law disputes both with and without lawyers being present. Our legal professionals are often hired by other divorce attorneys to mediate their clients' divorces, develop parenting plans, and settle asset and debt division and other financial difficulties. We've helped numerous people resolve their differences so they can proceed with their lives.

Texases Commonly Asked Divorce Questions

Ball Morse Lowe is here to provide guidance on your questions regarding divorce actions in Texas. While some questions may remain unanswered, we hope to guide you through the initial phases of the divorce process and outline how we can fully assist you with your particular needs. View our Frequently Asked Questions and call us at (214) 272-0964 so we can counsel you through every step of your divorce.

How do I get a divorce in Texas?

A divorce in Texas is granted based on many terms, including adultery, fraud, cruelty, abandonment, living apart, imprisonment, or conviction of a felony. Most divorces are granted on a “no-fault” basis, meaning there is no hope of reconciliation within the marriage.

When can I file for divorce?

One may file for divorce in Texas at any time.

How much does a divorce cost?

Divorce cases in Texas can range significantly in terms of the overall cost. The costs will inevitably vary depending on certain circumstances (minor children, custody, property disputes) involved in each specific matter.

How long does a divorce take?

Texas imposes a 60-day waiting period before a divorce may be granted in cases without minor children. Likewise, cases with minor children have a 90-day waiting period imposed. However, the length of your case will depend on a combination of different case scenarios.  

What forms do I need to file a divorce in Texas?

Depending on the situation, a party must file a Petition for Dissolution of Marriage, a cover sheet, and in some instances a summons.

Where do I file a divorce complaint filed?

Take your answer (and copies) to the district clerk's office in the county where your spouse filed for divorce.

1. Turn in your answer form (and copies).
2. Ask the clerk if there is a local standing order that you need to follow or attach to any of your documents.

When do I need an attorney in a divorce?

Unless your divorce is completely amicable, it is very wise to have an attorney by your side. If your case involves minor children, an attorney is essential to ensure that custody and visitation rights are properly established and maintained.

How do I get a divorce granted?

A divorce is granted upon the conclusion of your case by agreement or trial. Most divorces require at least one visit to the court. 

Do I have to go to court?

There will be mandatory proceedings that require attendance. However, most cases will not proceed to trial.

Can I get maintenance? Will I have to provide alimony to my spouse?

In Texas spousal support (a/k/a "spousal maintenance" or "contractual alimony") is additional money, not part of a division of marital property or child support, that one spouse pays to the other temporarily from future income to support the ex-spouse after the divorce. The basis of the award is determined on the length of the marriage. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.

Can I get an annulment in Texas?

Yes - if the marriage took place within 72 hours after the marriage license was issued. There are a few exceptions to this. The annulment petition must be filed within 30 days of the marriage.

When can I change my name during a divorce?

You may restore your maiden name upon entry of the divorce decree.

Following a divorce, when can I remarry, or start dating?

Texas law requires a thirty-day waiting period after a divorce before remarriage so that both spouses can be certain that the terms of their divorce will not change. It is possible to waive the thirty-day waiting period by filing a motion with the judge.

What if my spouse does not want the divorce?

Oklahoma courts are able to grant a divorce upon a single party petitioning the court, regardless of whether or not the opposing party chooses to participate.

Attempts to serve my spouse haven’t worked, what’s my next step?

If you are unable to serve your spouse, there are various other approaches you can seek from the court, including service by publication or certified mail.

Do the other divorce issues- child support, child custody, alimony, and property – have to be decided before the divorce is final?

In most instances, yes, but if you and your spouse have agreed on all of the issues you can file a Final Prove up of the divorce.

How long do I have to be living in Texas to get a divorce?

You or your spouse must have lived within Texas for at least six months prior to the filing of the divorce petition.  The party must also reside with the county for at least 90-days prior to the filing.

Can I move out of Texas after a divorce?

If your case involves minor children, you may be restricted to living within Texas unless the parties or the court determine otherwise. If your case does not involve minor children, you will be free to move. However, you would still be subject toTexas' jurisdiction for divorce proceedings.

How do I prove fault for divorce?

In Texas, fault is proved through evidence establishing the opposing party has engaged and/or committed adultery, abandonment, fraud, cruelty, imprisonment, has been convicted a felony, is living separately, or other scenarios you may discuss with one of our attorneys.

When can a parent change a child’s name without the other parent’s permission?

Never – a parent cannot change a minor child’s last name without the express permission of the other parent or the leave of the court.

Can a couple become legally married by living together under Texas laws (common law marriage)?

Some scenarios may evidence the existence of a common law marriage in Texas. The State has certain requirements that must be met in order for a court to determine that a common law marriage exists between the parties. Importantly, in order to terminate a common law marriage, spouses in Texas must go through the formal divorce process.