Experienced Divorce Lawyer in DFW
The Law Offices of John P. McCall Jr. has handled thousands of divorce cases in the Dallas-Fort Worth area. He has been featured in the Wall Street Journal, U.S. News, the Dallas Voice, and various national legal publications for his outstanding work in family law.
Finding a divorce attorney in Dallas is easy. You have hundreds of choices. Finding the right divorce attorney for you is hard. If you are looking for a divorce lawyer that knows the legal system inside and out, represented thousands of clients with a 90% settlement rate, and also has the advantage of seeing your case from the perspective of a judge because they are one, then you only have one choice: when to make the call.
Hear from a Texas attorney what to do when you’ve been served divorce papers:
Discuss divorce with an attorney
Whether you are just looking into a divorce or it has already started, you situation is fluid and you have a variety of options that will change depending on where and when you are in the process. We have clients that come to our office after the divorce papers have been filed and the couple has agreed on a collaborative divorce and want the process to be smooth and simple. Other clients come in a state of emergency where their spouse is draining bank accounts, called “dissipation of marital property”, in anticipation of a divorce; or there has been an instance of domestic violence and they need immediate protection from the court. Most of the time prospective clients are at the beginning stages of their divorce and have general questions about the upcoming separation or recently filed petition.
If you need help with your divorce or you’ve been served divorce papers rely on the experience of the
Law Offices of John P. McCall Jr.
What to expect during your first meeting with a divorce attorney
You should feel comfortable.
At this point you will have enough things to stress you out. Meeting with your divorce attorney shouldn’t be one of them. Having to deal with constant conflict at home and worry about how your children will cope with the news of divorce causes our clients to come in to the office feeling depressed, anxious, hurt, frustrated and scared. Having handled divorce cases for countless couples in Dallas John P. McCall Jr. understands how to setup a first meeting to make you feel comfortable.
Avoiding excessive legal jargon.
…or “legalese”. Yes, the law is complicated but a true expert can explain it to a regular person in regular English.
A clear and concise explanation of your situation.
No two cases are alike but you should be able to clearly understand your situation, rights, and options.
Empathy and compassion.
Your attorney should not also be your therapist but they should be sensitive to your life, your wishes, and circumstances.
How do I sue for divorce in Texas?
To be able to sue for divorce in Dallas, or anywhere in Texas, the requirements are that both you and your spouse have been Texas residents for at least six months prior to filing. In addition to the both of you being Texas residents, at least one of you must be a resident of the county that your filing in for at least 90 days before filing. The only other requirement is that there is a sixty day waiting period before the divorce is finalized. Most clients usually then ask why do most divorces take six months to a year to complete. The short answer is that it is very rare to have a “no-fault” completely uncontested divorce. In most cases, matters regarding custody, child support, possession of the marital home, or one spouses assertions of fault like adultery or physical abuse, are contested and have to be worked out in court and will add months to the process. The Law Offices of John P. McCall located in Dallas can help you decide the best grounds to file for divorce and make sure the law is strictly followed to ensure that your property, children, and future is protected.
Concern on personal level
By keeping a small case load you will get dedicated, personal attention.
A family law attorney who will educate you about your situation instead of just telling you what to do.
Hiring a highly skilled family law attorney will motivate the other side to settle quickly.
Proven Track Record
John P. McCall Jr. has a fantastic record of settling when it’s smart and winning in court when it counts
Unlike most other attorneys in Dallas, Mr. McCall also serves as a Justice of the Peace in Dallas.
Prompt Response Time
Get direct access to your legal counsel by text, phone or email.
Divorce Cases Settled
Why choose us to handle your divorce
For many people, divorce is one of life’s most tedious and emotionally exhausting experiences. Our commitment to every client is to provide an environment that is compassionate, attentive, and personal in every case, from start to finish. Though most divorce cases today are settled out of court using a type of alternative dispute resolution such as mediation, some are not. In all cases, divorce is difficult. Which is why it is critical that the best divorce attorney you can hire is a highly experienced and assertive divorce litigator with a long history of aggressively pursuing a successful legal result for their clients . The Law Offices of John P. McCall Jr. is a leader in the emerging areas of family law and how it intersects with other laws in regard to property division, privately-held businesses, real estate, taxes, criminal law, military retirement and other investments. We handle all matters related to divorce in Texas. If you are ready to speak to a Dallas divorce attorney, contact us to schedule a confidential consultation or click here to learn more about the divorce process in Texas. A consultation with a divorce attorney is usually free and will help you define your options.
The Law Offices of John P. McCall Jr. has the skills and experience to handle all types of divorces cases. Navigating through this difficult time is not an easy task and will require a lot of work both by you and your attorney. Mr. McCall is also ready to help you achieve your family law goals with the matters that inevitably follow a divorce. This law firm handles cases in any county in Texas and is prepared to handle international divorce as well. Contact us today at 214-617-9674 or us the online form to begin.
Legal issues that come with divorce
When you are considering a divorce a common mistake is to not prepare for one these near-certain eventualities that follow a divorce.
Child Support & Custody
If there are any children involved a plan will need to be made that is agreed upon and approved by the court that is objectively in the children’s best interests and well being. Learn more
Division of Property
When certain assets are acquired and various state laws determine what is considered community property and how it is divided between parties. This can get complex if a divorce is contested or there are high value assets involved. Learn more
Alimony and Court Orders
Part of the final divorce decree involves setting forth the dynamics of the realtionship between the parities in the future. These orders can be appealed or modified but must always be followed while in effect. Learn more
You and your attorney should
ask a lot of questions
There will be a lot of questions going both ways. The questions coming from you, the client, should mainly be focused on establishing the experience and competence of the attorney you’re meeting with. Ask how many divorces like yours they’ve handled. How did it go for them? What percentage of their cases went to trial versus settling out of court?
These type of questions are critical for determining if this attorney has the experience to match your needs. If you are in a long, drawn out, complicated international custody dispute, it would be really helpful if that lawyer has several years of custody litigation experience. If you or your spouse has millions of dollars in investments or owns a very successful business that was built during the marriage it is very important that your divorce attorney has experience in high asset divorces.
You should also expect to answer a lot of questions yourself. Expect to answer questions related to your spouse and children, your psychological and financial situation. Coming prepared with answers to those questions will help your attorney determine your options and the best path forward for you whether that is collaborative divorce, mediation, or litigation (fighting it out in court). Most law firms also work with a network of related professionals that you may need and this will help figure out where to refer you to get help that your attorney can’t provide like tax advice or mental health advice.
How to prepare before filing for divorce.
Divorce is never easy. Once someone has made the decision to get a divorce they can be tempted to want to get it over with as soon as possible. Your circumstances may be even more nebulous if you try for an ex parte divorce, where the spouse is not participating. While your first instinct may be to try to get a cheap divorce lawyer immediately or have a friend that will act as a pro bono divorce lawyer, there are things that you can do now that will greatly impact the success of your divorce.
Be sure that you actually want a divorce.
It goes without saying that divorce should be the last resort as a remedy for your relationship. In Texas, a judge can and will grant a divorce if only one spouse wants one. We have seen many people go through the process of filing for divorce then change their mind once the process really gets started and that is messy. Going back on that decision is very difficult and may cause irreparable harm to your relationship. Mr. McCall always suggests marriage counseling, therapy, or even going out on a date before taking the steps to pursue a divorce. Being emotionally charged and impulsive is not the state of mind you want to be in when deciding whether you want to change your whole life. Exhaust every other resource before considering divorce.
Gather all relevant documents.
If all other avenues of reconciliation have proven to be fruitless it’s time to focus on documentation. Again, it cannot be overstated how emotional this process can be but remember: it is very emotional and special and unique and new for you; but to the judge, it’s just another day at the office. Whatever you have to say that can’t be proven out through documentation will have little weight in court. Financial account records, both on paper and online, car notes, mortgage documents, investment records, phone records –make a copy of everything and keep it somewhere safe. It is wise to get a copy of all these documents before your spouse has been served papers. Countless divorce cases have been delayed for months and even years because a spouse responded badly to being served papers and made it extremely difficult to gather the necessary records to proceed in court.
If you have kids, decide on your custody goal.
“Who going to get the kids?” is most likely the first, and most important thing on parent’s minds when going through a divorce. In every Dallas-Fort Worth family law court, when kids are involved, it is a priority to create a healthy and beneficial situation for the children. Only in extreme circumstances, like physical abuse, drug abuse, incarceration or abandonment will child custody not be split between both parents. It is a good idea to take a good look at your schedule and commitments and your kids school and activity schedule and work out a realistic custody goal. If you go into court with a reasonable plan already worked out you will save a lot of time and headaches.
Buy and sell big ticket items before filing for divorce.
In most counties in Texas, once a divorce is filed the judge will automatically issue an order preventing either spouse from buying, selling, hiding or moving marital property in a way that would encumber those assets. This is done to prevent one party or the other from draining bank accounts or dissipating the marital property out of spite. So if you’ve been thinking about buying or selling something large like a car or selling rental property it is wise to do that before filing for divorce in Texas. However, you don’t want to do any of those things we just mentioned, like draining the bank accounts, before filing as that will come up in court and will hurt you in the future.
Figure out and prepare your living situation.
Often this is the biggest mistake made in the initial phase of a divorce. Things get heated, you pack up your things, get in the car and leave. Not much thought is given to the rest of your stuff because you figure you’ll be able to come back and get it later when this whole divorce thing works itself out in court. This is not the case. Where you are living in the months leading up to the divorce play a large part in who is awarded use of the marital home. It may be difficult, especially if you don’t live in a large home, to continue to live with your spouse, but it is crucial that you consult with an attorney before taking up residence somewhere else and do it properly so you don’t risk losing access to your home. Unless domestic violence was involved or there is a clear issue with safety or judge has ordered you to leave, if you are a joint-owner of the home you have just as much right to live there as your spouse. As with all marital property, it is much easier to convince a judge to let you keep what you have versus taking something from your spouse and giving it to you. The home is no different.
Be careful about dating and social media.
The guidelines for dating, or being romantically involved with someone else, before the divorce is final vary by county. You must be careful and speak with an attorney about the specifics of your situation. Social media is not your friend. Everything that you do will be under a microscope by your spouse, your spouse’s attorney, and the private investigator that they may have hired to see what you’re up to. It is definitely tempting to live like you’re single the second you leave the relationship, but legally that is dangerous territory. Additionally, before you’re divorced, all of your money is still considered marital property and if you spend a bunch of money on an extra-marital romantic interest in the midst of divorce proceedings the judge can rule that as “dissipation of the marital estate” and order you to reimburse those funds.
Is the first meeting with my divorce attorney confidential?
Absolutely. Complete client confidentiality is not only guaranteed by The Law Offices of John P. McCall, it is protected by law. This is great news because not everybody who meets with a divorce attorney are completely sure they want a divorce but they want professional guidance on what would happen if they did get one.
How do I find the best divorce attorney?
It’s easy! You already did. Just click this button:
What are pre-marital and post-marital agreements?
Pre-marital and post-marital agreements in Texas are governed under the Uniform Premarital Agreement Act which, among other things, means that the agreement must be by the soon-to-be-married couple in writing and before marriage. These types of agreements will affect the default community property rights that would normally be in place for all Texas marriages. Both parties will disclose their debts, assets, and other finances so that they are both fully apprised of each other’s financial situation. It is wise to consult with a Dallas family law attorney when drafting this document because if it is written or filed incorrectly it will make the document unenforceable.
What is a high asset divorce?
Usually, when people get married in Texas, all of the assets that you accumulate during that marriage are considered community property and, when you get divorced, those assets are divided equally. Because Texas is a community property state getting a court to order those assets to be divided any other way will require very clear and compelling evidence. High asset divorces can get very complicated because the marital assets that need to be divided are rarely a lump sum of cash. The types of assets that generally need to be split up are things like stock options, pensions, retirement accounts, vacation homes, second homes, rental properties, and intellectual property. Often we see situations where one spouse is the primary operator of a high ticket business like a law firm or a doctor’s office. Especially with investments and businesses it can be difficult to figure out the exact value of these assets so you will need to have a third party appraisal done that will be accepted by the courts. The Law Offices of John P. McCall works with an excellent network of business appraisers and tax professionals to guide you.
When does a court order need to be enforced?
Both parties agree to do certain things after a divorce and those responsibilities are outlined as a court order in the final divorce decree. If one party does not fulfill those responsibilities then it may be necessary to seek enforcement for that court order. We often seek enforcement on matters related to child support, child custody and visitation. These come up when one parent violates a custody or visitation order because the other parent is not paying child support, voluntarily or not. That is not allowed and when you seek enforcement of your court order with the help of a Dallas family law attorney we can ask for an enforcement proceeding. There, we can request an order for the other parent to be in contempt that carries a penalty of a fine or up to six months in jail.
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