On Your Side During Divorce
The divorce process can be one of the hardest times in your life. This is why you need an experienced divorce attorney in your corner to listen and fight for you. At Balekian Hayes, PLLC, we understand the stress and emotions involved in a divorce, and we help you handle the situation properly and make the right decisions. Don’t fight your divorce case alone. We are on your side. To schedule your consultation and begin your legal strategy, call our firm today.
Balekian Hayes, PLLC is not a “churn and burn” firm where the team focuses on the volume of cases. By handling a smaller number of cases, we personally invest in the outcome of each family law case and give each the care it deserves. Set up your consultation to find out how we can help you.
What Are Legal Grounds For Divorce In Texas?
In Texas, you must allege grounds for your divorce. Your “Grounds” options include:
In Texas, you must allege grounds for your divorce. Your “Grounds” options include:- Insupportability – Most filers allege their divorce this way. In its simplest form, it means that the marriage is no longer supportable and/or you are no longer willing to be supportive of it.
- Adultery – Someone in the marriage has been unfaithful
- Abandonment – A party in the marriage has left with no intention of returning
- Severe Mental Disability – At least one party in the marriage has a severe mental disability
- Imprisonment for Over One Year – A member of the marriage is incarcerated for more than one year
- Cruel Treatment – One party in the marriage has suffered cruel physical or mental treatment
Once you make the decision to divorce, you must file a Petition for Divorce and the other party must be served. From the date of filing, you must wait at least sixty (60) days before your divorce can be granted. Texas courts call this the “cooling-off period”.
As part of the divorce proceeding, a fair and equitable property division should occur with all community property. Additionally, parties must create a child custody order in a marriage with children. While we always encourage parties to reach an agreement where they can, we side with you when parties cannot reach agreed terms. As your divorce attorney, we advocate for you and what you are entitled to in a Court of Law.
Once You File for Divorce in Texas
As part of the divorce proceeding, a fair and equitable property division should occur with all community property. Additionally, parties must create a child custody order in a marriage with children. While we always encourage parties to reach an agreement where they can, we side with you when parties cannot reach agreed terms. As your divorce attorney, we advocate for you and what you are entitled to in a Court of Law.
In order to fully resolve a divorce in Texas, we must state grounds, wait the requisite period of time, and have a fair and equitable split of all assets and liabilities as well as a parenting plan if children are involved. Both a property division and a parenting plan can be done by agreement of the parties or it may be ordered by the Court.
When you and your spouse disagree on an issue, such as the division of your property, child custody, or child support, it becomes a “contested divorce” and often leads to litigation. If you both agree on all issues, it is known as an “uncontested divorce.” If you need help understanding the Texas divorce process, we can also help. Whichever type of divorce you are going through, Balekian Hayes, PLLC stands ready to provide you with the personal support and legal guidance you need.
Litigation:
The litigation process in a divorce matter commences when a party files an Original Petition for Divorce. More often than not, the filing party also seeks a hearing requesting temporary orders. Temporary orders agree those that are either agreed to by the parties or made by the Court that dictates the “ground rules” during the pendency of the divorce. These often include where each party will reside on a temporary basis, which party is responsible for marital liabilities, who has possession of each vehicle, when each party has possession of the children, we well as who will pay child support, and in what amount, if any.
If the parties are unable to reach an agreement at the conclusion of the case, the matter will proceed to trial. A trial can be heard by a judge or a jury (only specific issues). At the final trial, the following items will need to be resolved:
- Property division: Typically, spouses do not agree on the division of property. We have extensive experience in assessing the available assets and ensuring that our clients receive their fair share.
- Spousal Maintenance/Alimony: Depending on the length of your marriage, the income of each spouse, and the age of each spouse, temporary or permanent spousal support may be necessary. Whether you are on the receiving end or the paying end, our priority is to make sure that the fair amount of support is requested.
- Conservatorship: A decision will need to be made on which rights and duties each parent will have as pertains to their children.
- Child-custody: In any case where children are involved, our first priority is fighting for the rights of your children. Our firm fights for your rights and the needs of your children so that we can pursue the best possible custody and visitation arrangement.
- Child support: In the state of Texas, guidelines establish the amount of child support. In some cases, however, there are reasons to establish a different amount than what is listed in the guidelines. We can help determine if your situation calls for something outside of the guidelines and fight for fair a child support order to be put in place.
We Offer Affordable & Effective Divorce Solutions to Texas Residents
At Balekian Hayes, PLLC, we keep our client list short in order to best serve their needs. No two cases are the same, so we make sure to take the time needed to fully understand your situation and uncover the right legal strategy. We are here for you. Your concerns are our priority, and we honor the confidentiality of our relationship. When you speak, we listen. Our firm makes sure to return calls promptly and give you a clear picture of the situation you face. Find out why our client reviews are so positive.