Dallas Divorce Lawyer | Beal Law Firm
Filing for divorce can be a turbulent process in more ways than one. While you are not required to have legal counsel for a divorce in Texas, it is often highly recommended, as the process can quickly become overwhelming. A divorce is a life-changing event. Many factors, such as fault grounds for the divorce, mediation, and orders for spousal support or maintenance, can make the process very strenuous, on top of how emotionally taxing it can become.
When you’re filing for divorce, a Dallas divorce lawyer from Beal Law Firm helps you establish the ideal game plan for your situation. Our lawyers work hard to understand all the details and avoid errors in your final divorce written agreement that can be costly to fix in the future.
Spousal Support or Maintenance
Something important to keep in mind is that spousal “support” and spousal “maintenance” are two slightly different concepts in the law. Either can be by agreement or court-ordered.
Under the Texas Family Law Code, there are certain circumstances under which one spouse can receive financial assistance from the other during a pending divorce and, sometimes, for a designated period after the divorce has been finalized. For example, suppose the spouse seeking the support or maintenance is disabled, or they’re the primary caretaker for a disabled child, and can provide evidence that they cannot earn enough income to meet their minimum needs. In that case, they can qualify for financial assistance through spousal support or maintenance.
Each petition for spousal support or maintenance is analyzed and decided case by case. It is imperative that you fully understand the requirements of the law, or you could potentially face financial catastrophe. Having a knowledgeable divorce lawyer in Dallas that can explain your rights and assist you in gathering the evidence you need either for or against spousal support or maintenance can help ensure your ideal outcome.
How Fault Grounds Can Affect Your Divorce
It is crucial to consider the grounds on which you may want to file for divorce. The current no-fault statute in Texas law allows a spouse to file for divorce without having to prove that the other partner committed an act that no longer makes staying in the marriage viable. Most divorces granted in Texas are under no-fault grounds, as many couples may wish to keep certain things out of public record as they dissolve their marriage.
However, if you feel that you have been wronged by your spouse, Texas does recognize the following as fault grounds for divorce. Note that to be granted the divorce under these grounds, you must be able to provide evidence that shows your spouse was at fault.
While adultery or infidelity are no longer criminal under Texas law, you can use it as grounds for a divorce. Adultery can be proven through evidence such as videos, photos, social media posts, and witness statements – and since it is not criminal conduct, there is no “right to remain silent.” The evidence can also be circumstantial and show a clear opportunity for extra-marital sexual relations. If there is evidence that your spouse is committing adultery before the divorce has been finalized, you can also use that to support your claim.
Two things must be proven in order to file for divorce under grounds of abandonment. Firstly, your spouse left you of their own volition. Secondly, they intended not to return to live with you and have not come back for at least one full year. If they leave for long periods of time but come back sporadically, it could disqualify you from filing for abandonment. However, if you can prove that they do not intend to return again, you may still be eligible for grounds of abandonment. Often, however, the benefits of filing for abandonment are outweighed by the headache, since a no-fault divorce is so easily available.
The definition of cruelty in a marriage in the Texas Family Law code is a bit vague, as cruelty can feel different from person to person. Nonetheless, the cruelty must be deliberate or consistent infliction of physical or emotional suffering that makes continuing the marriage and living together unbearable. Cruelty can be small acts that accumulate over time or one considerably horrible act.
If your spouse is convicted of a felony charge and imprisoned for over a year while you are married, you can use this as grounds for divorce.
A vital factor to consider when filing for divorce under one of these fault grounds is that you may have to take your case to court, since it’s hard to get a spouse to agree to their fault. The finalization of the divorce could take longer, leading to higher overall costs. If you feel this is the best route for your specific situation, consider contracting a Dallas divorce lawyer from Beal Law Firm. We can help you formulate a plan and will do our best to get you the most favorable result possible.
Are You In Need of a Dallas Divorce Lawyer Talented in Mediation?
A savvy divorce attorney serving Dallas understands the mediation stage of divorce proceedings is one of the most delicate stages. Many divorce cases can be settled during mediation, but having a trustworthy attorney with your best interests at heart is imperative to ensuring a positive outcome and potentially avoiding lengthy court battles. At Beal Law Firm, each of our Senior lawyers has years of experience handling complicated family law matters. It would be our honor to discuss your case to see how we are the firm to best meet your needs.
When and Where Our Lawyers Are Available for You
We have an office in North Dallas off Preston Road and McCallum Boulevard, where you can schedule an appointment to meet with a talented Dallas divorce lawyer from Beal Law Firm. Suppose you would prefer to speak in person as soon as possible to discuss whether we are the right fit for you and your case. In that case, our main office in Southlake is available at the following hours:
Mon: 7:30am - 7:00pm
Tue: 7:30am - 7:00pm
Wed: 7:30am - 7:00pm
Thu: 7:30am - 7:00pm
Fri: 7:30am - 7:00pm
Sat: By Appointment
Sun: By Appointment
Check out our contact page to send us a message for a case evaluation or to speak with a divorce attorney in Dallas via phone or video call.