FAMILY LAW ATTORNEYS IN DALLAS, TX

Ideally, a divorce would be quick and easy. Both sides would agree on every single aspect of child custody, child support, alimony, property division, etc. But this is not the case for many couples in Dallas.

When a couple decides to divorce but do not see eye-to-eye on all matters, the divorce is contested. Even if the case starts out amicably and the couple pursues an uncontested divorce, if they at any point disagree on something, it becomes contested.

We provide extensive legal support to help you through what might become a very difficult case. Our objective is to resolve the divorce with the least amount of conflict, but we do so while exercising your rights to the fullest extent. We make sure that you and your children get everything you deserve under Texas law.

Even if you and your spouse agree to get divorced, you are on relatively good terms, and you both decide to pursue an uncontested divorce, there are still legal issues to which you must attend.

In order for a divorce to be final, you do not need to appear before a judge, but you do need all the proper forms and documentation in hand and submitted. We offer affordable uncontested divorce packages for couples who wish to pursue this path.

Texas child custody laws require that judges make custody decisions based on the best interests of the child. But both parents may have very different opinions about what the “best” interests are for their children, which often leads to argumentative child custody battles.

Our Dallas Divorce Lawyers exercise our clients’ rights under Texas laws while also putting the child’s best interests at the forefront of our legal strategy. We also do what we can to reduce the stress and emotional turmoil that custody battles might bring. A sound legal strategy and effective representation can go a long way to putting you in a better place as you deal with all the changes in your life.

We can even help you modify your custody agreement if you believe changes are warranted.

We know that providing for your child’s future is a top priority. When we represent you, we make it a top priority for us too. We make sure that your child support payments are within the child support laws in Texas.

If there is ever a problem with the other parent not making payments, we can help you exercise your rights to enforce the court order. Alternatively, if you are the parent making payments and wish to adjust the child support order after a job loss or other major event, we can help you make this request through the right legal channels.

Texas’ community property laws dictate that all assets obtained during your marriage are community (shared) property. Anything you or your spouse owned prior to marriage is that person’s separate property and is not subject to division.

Therefore, you and your spouse need to divide anything you purchased during your marriage – the house, cars, collectables, furniture – when negotiating a divorce settlement or if the case goes to court. This entails acquiring a full list of all assets – bank accounts, retirement accounts, real estate, etc. – and evaluating its value.

We help you do this through careful investigation and by working with the appropriate experts to value your assets. We can then negotiate a settlement that is fair under Texas laws.

Alimony is not a guaranteed part of a Texas divorce settlement. In order to obtain spousal support, you must meet certain requirements. The marriage must have lasted at least 10 years, and the spouse wishing to receive support must establish he or she cannot provide for his or her minimum reasonable needs.

This is where legal strategy and good case building can make a difference. We work with clients wishing to receive support as well as clients whose spouse is asking for support. Whatever the case, we thoroughly review the details and prepare a strategy based on the facts of the case.

The myth that fathers always get unfavorable treatment in custody battles is just that, a myth. The courts act in the child’s best interest, and in most cases, the court finds it is in the child’s best interests for the father to be an integral part of the child’s life. And if you can convince the court that it is in your child’s best interest for you to be the primary managing conservator, then it will grant it to you. If you are a father wishing to exercise your rights to child custody and visitation, work with our firm to build a detailed case to exercise your rights.

Establishing paternity is one of the most important things you can do in order to secure your rights to visitation and/or custody of your child. Further, establishing paternity is important to mothers wishing to enforce child support laws.

Paternity may be established in many ways, some easier than others. Let us help you whether you are a father or mother looking to establish paternity of your child. We will go over each option with you in detail so you know which is most appropriate for you.

Collaborative law is one of the least disruptive, family-oriented answers to divorce that we offer. We connect you with a team of professionals such as family counselors and financial planners who guide you through reaching resolutions on the various aspects of your case. This method of divorce can minimize conflict and preserve privacy so your affairs are not discussed in a court room, but rather in the comfort of a private meeting.

Mediation allows both parties in a divorce to sit down and negotiate the terms of their divorce. During mediation, a mediator acting as a neutral third party, facilitates negotiations to come to a mutually agreed upon decision for each part of the divorce, from child custody to spousal support. The mediator does not actually make any final decisions about the case.

During mediation, you have the right to also have an attorney present, and doing so will be your best opportunity to fully protect your interests. Julie can serve as mediator in the case, or our firm can represent you during the mediation if another party is mediating.

Arbitration is another alternative dispute resolution. The arbitrator acts as the family law “judge” and listens to both sides’ cases. Unlike a mediator, the arbitrator makes a final decision at the conclusion of the meeting.

Julie is also a family law arbitrator. The Law Office of Julie Johnson can also provide you representation if another party is acting as arbitrator.

Prenuptial agreements can help you protect your wealth and assets and ensure a fair settlement in the event of divorce. No one wants to think about having to protect themselves in the event their marriage ends. But it can be a practical decision that actually benefits both spouses.

We help draft premarital agreements and also help you enforce the agreement in the event that your marriage is ending in divorce.

A common law marriage, also known as an informal marriage, is one where there is no marriage license, but the couple meets one of the definitions of Texas common law marriage. Texas may interpret cohabitation, a mutually accepted agreement to be married, or representing to others that you are married as a common law marriage.

If you meet the criteria and you decide to end your relationship, you must still make legal considerations when it comes to shared property or children. Let us help you exercise your rights.

When parents divorce, careful consideration is given to upholding each parent’s rights to see his or her children. Unfortunately, grandparents do not automatically receive this consideration.

Grandparents in Texas do not have an absolute right to visitation, which is why having a family law attorney is important in protecting your ability to visit your grandchildren. If a parent is blocking your ability to see your grandchildren or you simply want to preserve visitation with your grandchild, let our firm help you request visitation rights.

Do I need an Attorney?

Although divorces do not require you to hire an attorney, if you choose to represent yourself you are held to the same standard as an attorney when it comes to knowledge of the law and procedures in the court room. All divorces require at least one final hearing, maybe more, depending on the issues. You have to get it right the first time. There are many pitfalls in the negotiations and drafting of the decree. If you do not properly transfer title or provide for an enforceable parenting plan you may be stuck with a result that cannot be remedied. To learn more about the process of filing for divorce click here.

What should I expect during the Initial Consultation?

The initial consultation provides a time when the attorney can learn more about your situation and goals and can answer questions you may have about the process, likely results, your rights during the case and likely cost of your case. If you decide to hire the attorney your consultation fee is credited toward the cost of your case. To see a list of documents you might bring to the consultation and questions frequently asked during the consultation click here.

Can I get a Divorce online?

There is no such thing as an online divorce. Although you may see companies on the internet offering an online divorce these are simply generic packets that have some divorce forms in them. Beware, most of these companies offer forms that are not even accepted in Texas. All divorces are granted through the court system. To learn more click here.

Does it matter who files for divorce?

The simple answer is NO. If the marriage is over it is time to file for divorce. One spouse initiates the process by filing a Petition for Divorce requesting a divorce and the relief that spouse wants. The Petition for Divorce is then served on the second spouse. It is normal for the second spouse to then file a Response to that Petition for Divorce and a Counter-Petition for Divorce requesting the relief that spouse wants. There is no legal advantage to being the first or the second spouse. It makes no difference to the Court. If you file first then you do have the benefit of selecting the timing. If you are the one being served be aware that you have a limited time to answer. If you don’t, a default divorce will be granted against you. To learn more click here.

Do we have to litigate in court or can we have an uncontested/amicable divorce?

Although all divorces are granted by a Court, they do not have to be a legal battle. There are Amicable Divorces, often referred to as Uncontested Divorces. Even if your case is not amicable in the beginning we have many ways to help you settle your case out of court. Only a small percentage of divorces require a protracted legal battle for resolution. To learn more click here.

What makes a divorce “contested”?

The term “contested divorce” is misleading. It doesn’t necessarily mean that one of the parties doesn’t want to end the marriage. In most cases, it refers to a disagreement on the terms of the divorce. Generally, the parties must agree on:

• the division of property;
• spousal support (otherwise known as spousal maintenance or alimony);
• child custody (otherwise known as conservatorship);
• child visitation; and
• child support.

When one or both parties can’t agree on the above mentioned factors, the divorce is contested. To learn more click here.

How will the court decide who the children live with?

Ultimately, all child issues are decided based on what is in the “best interest of the child” not what is fair to the parents. There are many factors that determine who a child should live with. The presumption is that it is in the best interest of the children to have meaningful and continuing relationships with both parents. However, this presumption can be removed depending on the circumstances of the individual case. There are also several common custody schedules that are utilized. To learn more about custody and visitation click here.

How much child support will be ordered?

Texas has set guidelines of how much child support should be in a standard case. These guidelines are based on a percentage of the paying spouse’s income. There are circumstances though that can deviate from the guidelines support. To calculate child support using the guidelines you can use our Child Support Calculator. To learn more about factors that deviate from guidelines support click here.

Is it true that all our property and debts will be divided equally?

Not necessarily. There are a number of factors that determine the percentages used on assets and debts in a divorce. The law states that the debts and assets must be divided in a “just and right manner”. An experienced family law attorney can maximize your division of property to help you get the most out of your circumstances. To learn more click here.

Will there be spousal support or alimony ordered?

Spousal Support, called Spousal Maintenance, and Alimony are two types of money paid by one spouse to the other spouse monthly, either during or after a divorce. The main difference between the two is tax treatment. Spousal Maintenance may be ordered during the pendency of a divorce for a number of reasons. However, spousal maintenance can only be ordered post-divorce if the factors in the statute are met. How much will be paid is also determined by statute. To learn more click here.

Should I stay in our home after filing for divorce?

One of the most common and immediate questions in a divorce is “who stays in the house and who must leave?”. Most courts will not permit a spouse to lock out the other spouse from the marital residence. However, if safety or sanity is a concern, it might not be in your best interest to stay in the home. There are many things to consider when deciding if you should stay or if you should go, such as:

• • who will have the custody of the children,
  • whether you plan to keep the house or sell it and;
  • whether you can financially keep the house.

To learn more click here.

Does my spouse have to pay my attorney fees?

It depends. It is within the discretion of the judge to have a spouse pay the attorney’s fees for the other spouse. It is not automatic. There are many reasons why a judge might order attorney’s fees paid such as wrongdoing or fault. The court can order the attorney’s fees to be paid from community property during the divorce.

What happens to our retirement accounts?

One or both of you may have acquired a pension, IRA, 403(b) or 401(k) account. These items, if determined to be community property, must be included in the division of property. There are special instruments used for dividing these types of property called Qualified Domestic Relations Orders, or QDROs. To learn more, click here.

What happens to our house in a divorce?

There are many outcomes that can occur. If the house is community property one spouse can buy the other spouse out of the house or the house can be sold and any equity split between the two spouses. To learn more click here.

What if my spouse retaliates because I file for divorce?

This is a common fear. In most counties there are “Standing Orders” that go into effect to protect the parties during the pendency of a divorce. Standing Orders are essentially everything a spouse knows they shouldn’t do during a divorce but many do anyway. The courts in most counties decided to enter Standing Orders in every divorce case when it is filed to eliminate a person’s need to go to court to get these orders. Although the standing orders do not protect against everything that can happen, they do protect a party from some of the most common things. To see if your county has standing orders click here.