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Collin County Family Law Attorney Explains the Divorce Process

McKinney family law attorney for legal help with the divorce process

Lawyer Providing Representation for Clients in Divorce Cases in Frisco and The Colony

If your marriage has broken down, and you are considering divorce, you may be understandably concerned about how to address the many different types of legal, financial, and personal issues that come with the dissolution of your partnership with your spouse. Divorce cases can be complex, and in addition to determining how you and your spouse will separate your lives from each other, you may also need to address issues related to your children. During this time, having a legal advocate on your side is crucial, and an experienced attorney can make sure you complete the steps in the divorce process successfully.

The Law Office of Linda Risinger provides legal help to clients in many different types of divorce and family law cases. Whether you expect to have an uncontested divorce or believe that contentious disputes with your spouse will need to be resolved in the courtroom, we can explain your rights, advise you of your options, and advocate for you at all stages of the divorce process. We will make sure you will be able to complete your divorce successfully, ensuring that you will be able to move forward into the next phase of your life.

Steps in the Texas Divorce Process

A divorce case will generally involve the following stages:

  • Divorce petition and answer - The divorce process will begin when a spouse files a petition for divorce. Since Texas is a no-fault divorce state, a divorce petition does not need to list specific "grounds for divorce," or reasons why the marriage has broken down. Instead, a petition will state that the marriage has become insupportable and there is no reasonable expectation of reconciliation. After filing a divorce petition, the divorce papers will be formally served to the other spouse, and they must file an answer to the divorce petition within 20 days.
  • Discovery - The spouses and their attorneys will gather information relevant to their case. The parties are required to make disclosures of their income and assets within 30 days after the respondent files their answer to the divorce petition. The parties' attorneys may also use other methods to obtain information, including interrogatories, requests to admit facts or produce documents, depositions, or subpoenas.
  • Temporary orders - While the divorce case is ongoing, either party may request that the court put temporary orders in place to address issues such as property division, child custody, child support, or spousal support. If these requests are granted, the orders issued by a judge will remain in place until the divorce is completed or until new temporary orders are issued.
  • Negotiation or mediation - In an uncontested divorce, the parties will work to create a divorce settlement that addresses all legal issues related to the end of their marriage. This settlement will address how their marital assets and debts will be divided, how they will handle ongoing custody and visitation for their children, and whether either party will pay child support or spousal support. Spouses may use mediation to reach a settlement, and in these cases, they will work with a neutral mediator to reach agreements that they will both be satisfied with.
  • Hearing or trial - If a couple is able to reach a settlement, they will attend a prove-up hearing where their divorce will be finalized. If an agreement cannot be reached, a trial will be held where each party will present evidence, call witnesses, and make arguments, and the judge will make the final decisions about how to resolve the outstanding issues. At the completion of a prove-up hearing or trial, the judge will issue a final divorce decree.

Contact Our Denton Divorce Lawyer

To get through the divorce process successfully, you will need an experienced attorney on your side. The Law Office of Linda Risinger will advocate on your behalf throughout your divorce, and we will work to help you achieve your goals. Contact our office by calling 972-294-6533 to set up your free consultation. We assist with divorce cases in Plano, Collin County, McKinney, Dallas County, Celina, Denton County, Prosper, Frisco, Denton, Little Elm, and The Colony.

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