Frequently Asked Questions

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.

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 types 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.

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.

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. Being held in contempt for violating a court order, voluntarily or not, is not a good situation to be put in. If you foresee yourself being unable to comply with any court order it is in your best interests to modify your child support agreement or modify your child possession schedule before you are unable to follow it.

How Do I File for Divorce in Texas?

Since “no-fault” divorces are recognized in Texas, as long as both parties agree to everything in regard to property division and child custody filing for an uncontested divorce in Texas is fairly simple. The first step is filing a petition for an uncontested divorce with the district court clerk’s office on the grounds of “insupportability” meaning that the two of you have irreconcilable differences.
Keep in mind that Texas family courts will only have the ability to hear your case (jurisdiction) if both you and your spouse have lived in the state for at least six months. Without fulfilling that residency requirement, the divorce will be more complicated and will most likely require the help of an attorney. Once you have filed the appropriate number of copies of the divorce petition with the clerk you need to serve your spouse. Again, if this is an amicable, uncontested divorce the easiest way to go about this is to have your spouse sign a waiver of citation so you both can skip paying a county process server. Once that’s done there is a mandatory sixty-day waiting period so that you and your spouse have time to agree on a final divorce decree. This is where you finalize your agreement on property division, child custody, visitation and, because Texas is a community property state, the equal division of your debts and assets. At this point you may want to consult with a qualified Dallas divorce attorney to make sure the divisions follow state laws.

The last step is to attend an uncontested divorce hearing. There are various courts that handle these types of cases. You’ll want to check with the county clerk about the time and place to schedule your hearing as well as what documentation to bring. At this hearing the judge will ask you both to sign your final divorce decree.

If both you and your spouse are in total agreement on all of these issues, then this may be a route you can take to get a quick and efficient divorce. If you are finding that some of these categories become points of contention with your spouse it may be time to contact a divorce attorney for help navigating high asset divorces or high conflict situations involving kids, investments, a business or spousal support.