Family Law With Your Best Interest In Mind
Divorce and Family Law Lawyers Serving the Richardson Area
Divorce can be one of the most emotionally challenging events that you will experience in your life. You want to put your family first and do what’s best for yourself and your future, but it can be difficult to know exactly how to take those steps when you’re going through the end of your marriage.
Here at The Law Firm of Azad & Barlow, we will provide the type of personal attention and one-on-one assistance that you need during this time. Your Richardson divorce attorney will put your best interests first every step of the way, and we will fight for your rights. We are compassionate and caring, but we are also very driven and professional, fully understanding how complex this type of situation can be. We will use our knowledge and experience to help you create the best possible legal strategy for your divorce so that you can strive for your own goals.
We can help you with every aspect of your divorce, including property division, child support, spousal support, child custody and visitation. We can handle contested and uncontested divorce cases. We’re proud to do it all at Azad & Barlow, and we hope you will contact us soon when you’re looking for a high-caliber divorce attorney in Richardson.
The Main Questions People Have About Divorce in Texas
Over the years, we have helped many clients who are in the same situation as you, who have similar questions and concerns. To better serve you, here are a few of the most typical questions that a Richardson divorce attorney will get:
Do you need to have grounds for your divorce?
You do not necessarily need to have grounds for your divorce in Texas, as the state uses no-fault divorce laws. That said, you can file for divorce on a fault basis, as well. Generally speaking, it is more common to file a no-fault divorce so that you do not have to show that your ex did anything to cause the marital split.
If you do decide to use grounds for your divorce, you may consider things like alcohol and substance abuse, infertility or impotency, abandonment, a criminal conviction, adultery or cruelty.
Is there a difference between no-fault and fault?
The big difference between fault and no-fault is that a divorce filed for fault is one where you blame your spouse for some type of misconduct. This can occasionally impact the outcome of the divorce. For instance, if you’re filing on the grounds that your spouse is abusive to your children, that can change how the court looks at your custody decision. There are also situations in which you may be entitled to an unequal distribution of assets. Every case is unique, but a Richardson divorce attorney can help you decide what is the best decision for you.
It is worth noting that most people file for a no-fault divorce.
What are the requirements to file for divorce?
If you want to hire a divorce attorney in Richardson and file for divorce, the main requirement is that you have to have resided within the state for at least six months prior to filing. You also need to have lived in the county where you file for at least three months, or 90 days. You do not have to file in the state where you got married.
In Texas, how long does a divorce take?
Every divorce case is unique, so there is no guarantee that it will take a certain amount of time, and your Richardson divorce attorney can help you predict what is likely in your case. In the fastest cases, a divorce still has to take at least 61 days. These days are counted from the date when you file the divorce petition. Many uncontested divorces are quick, while contested divorces often take a lot longer. You have to go through a trial, so your schedule is tied to the court’s own schedule. These cases can take months or, in rare cases, years.
What is the difference between uncontested and contested divorce?
In an uncontested divorce, you and your spouse are able to work together to find solutions to things like child custody or property division. The court still has to approve your decisions, but you are not debating what should happen. In an uncontested divorce, you and your spouse are unable to agree on all of these details, and so the court has to make a ruling and give you an order.
Is an uncontested divorce better, and why?
There are some benefits to using an uncontested divorce, which a divorce attorney in Richardson will be happy to explain if this is an option you’re interested in. These cases are often easier and faster, and they can be less stressful. This is especially true for parents who have minor children. Additionally, you and your ex get more control over what your future looks like because you are the ones making the decision, rather than simply abiding by a court order.
How is marital property divided in Texas?
When the court has to divide your marital assets for you, they’re going to take a number of steps, which a divorce attorney in Richardson will know well. The first is determining what is separate property and what is community property. Generally, everything that a couple has obtained during their marriage, such as income and debts, counts as community property. Things that they acquired before the marriage are often considered separate property unless they’ve been commingled. Examples may include a home that was bought before the marriage or an inheritance that was given directly to one person.
At this time, the court will also consider if you have a prenuptial agreement, and it will then determine the value of the property that needs to be divided. The court can then decide on a fair and just division of this property between the two of you. Since Texas is a community property state, both you and your spouse are generally considered to have an equal claim to all of your marital assets.
Other than property division, what does the family court decide on?
Property division is one of the biggest areas that the divorce court will work on, and this is often where your divorce attorney in Richardson will be so important. However, the court can also consider spousal support, child support, child custody and visitation rights. As noted above, the court makes these decisions in areas where you and your spouse are unable to come to a solution on your own.
How does it help to work with a Richardson Divorce Attorney?
You can already see how a divorce attorney in Richardson can help by answering some of your most pressing questions about divorce in Texas. Other areas that a lawyer can help you with include:
- They can explain all aspects of the law that you may not understand.
- They can tell you what rights you have.
- They can argue on your behalf if you end up in court.
- They can work to negotiate a settlement that is fair.
- They can help you gather the evidence that you may need regarding things like debts, assets and income.
- They can fight for your rights as a parent.
- They can make your case for things like spousal support, child support and property division.
- They can help you work your way through every legal step in the divorce process.
- They can make sure that you know what deadlines you have to meet and when to make important legal arguments and decisions.
The above helps to address some of the most common questions, but that’s just the very tip of the iceberg. Every case is unique and may have its own concerns and issues that have to be addressed. You need a legal team that can help you with your own situation and your own circumstances.
This is also an emotional time, and it can be instrumental to work with someone who is dedicated to the legal process itself. We will help you be objective and consider all of the options at your disposal. If you would like to schedule a consultation with a Richardson divorce attorney at The Law Firm of Azad & Barlow, please feel free to contact us today. You can send us an email at Erica@defenddfw.com or give us a call at (972) 535-4484. We look forward to hearing from you.
I never felt judged or out of place. Azad and Barlow were so caring and I’m so happy to have my legal issues over with!
I hope my family never goes through what I did, but if they do, I’m sending them to these guys!
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