Divorce
McKinney Divorce Attorney
Divorce can be one of the most difficult events in one’s life. Emotions often run high and husbands and wives often find the process frustrating and daunting. However, knowing what to expect during divorce can help to ease the pain and worry.
If you are considering divorce or have already decided to move forward with a divorce, an understanding attorney can answer your questions and guide you through each step of the divorce process. The Law Office of Michael G. Diaz, P.C. offers personal service and customized solutions to individuals and families who come to us for help. We listen to your concerns, discuss your legal options, and then work toward a solution that best benefits you as you move forward.
At-Fault and No-Fault Divorce in Texas
In Texas, a divorce is either an at-fault divorce or a no-fault divorce. In a no-fault divorce, neither party is legally responsible for the failure of the marriage. Either party may start a no-fault divorce if the marriage has become insupportable or if the couple has not been living together for at least three years. Because of the broad definition of "insupportable," the majority of no-fault divorces cite this reason.
An at-fault divorce requires the husband or wife to declare a specific reason why he or she seeks a divorce. The most common reason for an at-fault divorce is adultery, but other reasons can include cruel and inhuman treatment, imprisonment for a felony conviction and abandonment.
Steps in a Texas Divorce
Most people who have gone through a divorce can testify that hiring a lawyer makes the process easier and ensures that their interests are protected.
Even in no-fault divorces, an attorney can be invaluable in helping you navigate the process of moving your divorce through these steps:
- A petition is filed with the court by a divorce attorney representing either the husband or the wife. In most cases, Texas has a 60 day waiting period before a divorce can be finalized.
- Either party may request a temporary order hearing, for issues that need to be addressed during the pendency of the divorce. Examples of temporary order issues include who will stay in the marital residence, who the children will primarily live with and what visitation will be like for the other parent, and child support.
- Discovery begins so each party can gather important information, answer questions and complete paperwork.
- Parties will then enter into divorce settlement negotiations for family issues such as spousal support, division of assets and debts, and child support.
- If negotiations to reach agreement fail, then a judge will make the final decisions at trial. If negotiations succeed, a judge must approve the agreement.
A divorce attorney can educate you about the law and will look out for your best interests.
Michael Diaz will work to make sure all relevant issues are addressed such as:
- Treatment of marital residence,
- Division of assets such as 401(k) accounts, pensions, and IRA accounts,
- Division of debt including credit card debt, student loans, and tax liabilities,
Michael Diaz will attempt to end the divorce proceedings amicably through divorce mediation or informal settlement. If not, Michael Diaz will do whatever is legally possible to ensure that you obtain the best outcome at trial.
