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Denton Divorce Attorney

Denton Divorce Lawyer | Magaña & Van Dyke

Denton County Divorce Lawyer Serving Denton

Going through a divorce can be emotional and challenging. You and your spouse must consider various issues, and the outcome of your case may have profound effects on your family and your future. Because the dissolution of marriage laws can be complicated, and you want to ensure that you are protecting your best interests and receive a fair result, it's imperative that you consult with a lawyer. Your attorney can help you understand your rights and provide measured representation throughout your case.

At Magaña & Van Dyke, our compassionate Denton divorce attorneys have multiple decades of combined legal experience, and we have helped individuals throughout Denton County with divorce matters. We have an in-depth understanding of the legal processes required to resolve these types of cases. Our team delivers personalized representation, and we can help navigate the complexities and relieve some of the associated stresses. Various issues need to be addressed during divorce proceedings, such as child support, division of property, and alimony, and our lawyers can discuss your options and seek a just result on your behalf.

For the focused legal counsel you need, call our Denton divorce lawyers at 940-382-1976 or contact us online today.

What Are the Grounds for Divorce in Texas?

Texas is a "no-fault" divorce state, meaning that one spouse does not have to prove that the other spouse did something wrong in order to ask for a divorce. In these types of cases, the spouse simply must state that the marriage is insupportable and there is no expectation of reconciliation.

That being said, a person seeking a divorce can also indicate fault-based grounds in their petition. This means the petitioner asserts that their spouse has done something that lends cause to a dissolution of marriage. In some cases, if the divorce is fault-based, the judge will consider that reason when deciding on other issues, such as the division of property.

In Texas, the legal grounds for a divorce include:

  • Mental cruelty
  • Adultery
  • Felony conviction or imprisonment
  • Abandonment
  • Living apart
  • Confinement in a mental hospital

What Is the Divorce Process in Texas?

Before filing for a divorce, the couple must meet the residency requirements, which means they must have lived in Texas continuously for at least 6 months, and one of the spouses must have lived in the county that the divorce is being filed in for at least 90 days.

If the residency requirement is met, one of the spouses can file a petition for a divorce. In that document, they must include the reason they are seeking a dissolution of marriage – whether it's fault- or no-fault-based. At this step in the process, our Denton divorce attorneys can review your petition and ensure that you have included relevant and accurate information.

After the petition is filed, the divorce papers must be served to the other spouse (referred to as the respondent). The petitioner can also file a petition for a Temporary Restraining Order to protect community property and help ensure each spouse treats the other civilly throughout the process.

The spouses will then enter into negotiations to attempt to resolve marital issues out of court. This can be a difficult part of the process, as various issues must be considered. If the spouses cannot come to a fair resolution outside of court, they may be required to attend mediation, and their case may be taken to trial.

The entire divorce process can be overwhelming. When you turn to Magaña & Van Dyke, we will be by your side every step of the way. We will be personally available when you need us, prepared to answer your questions and address your concerns.

Schedule a Free Consultation With Our Denton Divorce Attorneys

If you're going through a divorce, it's essential to have an attorney on your side who you can trust. Our Denton divorce lawyers deliver legal representation with honesty and integrity, and we will provide the sound advice and guidance you need.

For experienced counsel from our Denton divorce attorneys, contact us at 940-382-1976 and set up a free consultation.

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