McKinney Divorce Lawyer
Divorce Attorney in McKinney, TX
Divorce can have a significant impact on a person’s life, so it is never an easy decision to make. On one hand, people may find it comforting to be able to leave a troubled or broken marriage. On the other hand, this decision may result in concerns over asset distribution, child custody, and the filing process itself. A McKinney divorce lawyer can help address these concerns with efficiency and care.
At Cruz Arevalo, P.C., our firm is committed to providing quality and tailored service to our clients. With a focus on family law, our boutique firm offers an experienced team of attorneys dedicated to and knowledgeable about divorce laws in Texas.
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While our firm is located in Dallas, we also offer services to McKinney and Collin County residents. Hire a divorce lawyer who can support you every step of the way.
Divorce Eligibility in McKinney, TX
To be eligible to file in McKinney, one party must have resided in the state for a minimum of six months or have resided in Collin County for at least 90 days. Texas is a no-fault divorce state.
Individuals filing on no-fault grounds may only need to determine “insupportability” in the marriage. In these situations, neither party has the burden to prove infidelity, abandonment, or abuse to annul their union. A party may only need to show that the marriage cannot continue due to conflicts or disagreements.
Understanding the Divorce Process in Texas
Texas has a rate of 2.1 divorces per 1,000 residents, one of the lowest in the nation. Nonetheless, the divorce process in the state can be straightforward with the appropriate support. After meeting the residency requirements and establishing the grounds for divorce, an individual must follow a series of steps to formally indicate their desire to divorce:
- File a petition. McKinney residents may file for divorce in the Collin County District Court on 2100 Bloomdale Rd. The petitioner, or spouse filing for divorce, may use this petition to outline the terms, grounds, and expected outcomes for the divorce. A McKinney divorce attorney may assist with the filing process.
- Serve the divorce papers. The petitioner is legally required to serve a copy of the divorce papers to their spouse. The responding spouse may be given a certain amount of time to agree to or contest the terms and conditions established in the divorce petition.
- Waiting period. Texas’ Family Code states that there is a 60-day waiting period before a divorce decree can be granted. This waiting period begins on the day the divorce petition is filed.
- Negotiations and settlements. Both parties may come together to review the divorce terms. In the meantime, they might settle crucial issues involving child custody, property or asset distribution, and spousal support. This typically occurs in uncontested cases, where all parties are in agreement.
- Hearings or court proceedings. Once an agreement is made, a district county judge may request a hearing to review the terms agreed upon. If neither party can agree on a settlement, the judge is given the authority to make the final decision through a trial proceeding.
- Divorce decree. After hearing all the facts, the judge signs the final divorce decree. This formal document can be used to update personal contact and driver’s license information. The Collin County District Clerk keeps a record of these decrees for future reference.
Filing for divorce in Texas can be an overwhelming process, and some divorces can become highly contested due to disagreements between the parties involved. Taking this into account, it is strongly encouraged to seek legal counsel so that the client’s rights and needs are expressed throughout this process.
Contested Divorces in Texas
Divorce cases may become difficult at times. The spouses may have disagreements on a variety of issues, and one party may claim more or less than what was stipulated on the divorce petition. When facing these challenges, a spouse may request an attorney’s support.
An experienced divorce attorney can advocate on their behalf and assist with any of the following:
- Temporary restraining orders in domestic violence cases
- Child custody and conservatorship agreements
- Child support payments and negotiations
- Assessment of wealth and equitable property distribution
- Informal marriages
- Marriage annulments
FAQs
How Are Child Support Payments Determined in Texas?
Child support payments may be determined after considering the incomes of each parent. Commonly, the parent with the highest earnings may be required to pay the parent with the lower earnings child support payments to cover the child’s basic needs. This includes clothing, housing, food, and medical expenses. In Texas, available data showed that the average annual amount received in child support was about $5,885.
What Happens When Both Parties Disagree During the Divorce?
When both parties cannot reach an agreement during the divorce, the case may end up going to trial. These cases are more contentious and time-consuming. The other party may seek to benefit the most from the divorce, so it is important to have zealous representation both in and out of court. A McKinney divorce lawyer can assist with trial preparations, evidence-gathering, reviewing the client’s options, and protecting the client’s rights.
How Is Property Distributed During a Divorce in Texas?
Property distribution is determined in a variety of ways during a divorce in Texas. Property and asset distribution is not 50-50 in Texas, and settlement negotiations or trial proceedings may consider the wealth accumulated during the marriage. This wealth may account for:
- Real estate value
- Investment portfolios
- Bank accounts
- Pensions
- Vehicles
- Business values
- Retirement funds
How Long Does It Take to Get Divorced in McKinney, TX?
How long it takes to get divorced depends on the case’s complexity. Uncontested cases, where both parties are in agreement, may take less time and resources. Contested cases needing mediation or a trial proceeding usually demand more time and effort.
In Texas, there is a required 60-day waiting period, regardless of the complexity of the case. The spouse should work with a divorce attorney willing to accommodate the different circumstances that may arise throughout the process.
Hire a Divorce Lawyer Today
At Cruz Arevalo, P.C., our clients can expect quality representation and a commitment to providing a fair outcome. We understand that going through a divorce can be stressful. Our team can deal with the complex legal jargon while helping you navigate your divorce case. Contact us today to schedule a consultation.
