Divorce Attorney in Dallas, TX

The divorce process can be one of the hardest times in your life. This is why you need an experienced divorce attorney to listen and fight for you. At Balekian Hayes, PLLC, our team of expert lawyers understands 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.

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. We specialize in high-asset and high-net-worth divorce cases.

In addition to the city of Dallas, our attorneys serve the surrounding DFW communities of Plano, Frisco, Allen, McKinney, Prosper, Rockwall, and more. Set up your consultation to find out how we can help you. To schedule your consultation and begin your legal strategy, call our firm today.

What Are Legal Grounds For Divorce In Texas?

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 lawyer, we advocate for you and what you are entitled to in a Court of Law.

What Happens 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 a fair amount of support is requested.
• Conservatorship: A decision will need to be made regarding which rights and duties each parent will have regarding their children.
• Child Custody: In any case where children are involved, our first priority is fighting for your children’s rights. Our firm fights for your rights and your children’s needs 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 a fair child support order to be put in place.

Experiencing a Contested Divorce

Disagreements about divisible marital property, conflict over child possession and visitation arrangements, and fights over spousal support are common issues in a divorce. Sometimes, a couple can compromise on the contested issues, negotiating a divorce settlement that works for the ex-spouses and their children. 

However, some divorcing couples face significant problems that neither spouse wants to yield to the other’s demands. A contested divorce may go to trial if the couple cannot agree to a settlement in mediation or outside court. Regardless of the reason for the high-conflict divorce, having legal representation is essential to protecting your rights and future. 

What is Considered a High Conflict Divorce?

Although some couples can amicably agree to separate, many divorces are contentious. What makes a divorce “high conflict” can be subjective. However, the term often refers to a divorce where one or both spouses engage in harmful behaviors, making it impossible for them to work out areas of conflict.

Another form of high-conflict divorce is high-asset divorce. When a lot of money and property is on the line, a high-asset divorce lawyer can help secure your rightful share of marital assets.

Texas is a no-fault state for divorce, meaning that a person may declare that their marriage is no longer tenable in order to obtain a divorce. However, a high-conflict divorce may be contentious due to serious hurt or betrayal. For example, one spouse may have had an affair or been abusive to the other one, which could make the divorce drag on regardless of the no-fault laws.

How Do You Win a High Conflict Divorce?

A high-conflict divorce is often the culmination of a high-conflict marriage. For many people, continuing the status quo is the only thing worse than getting divorced in a high-conflict situation. If you’re leaving a high-conflict situation, remembering that you will eventually be out of the marriage can feel like a win.

Nevertheless, you still want to make sure that you have a financial settlement that sets you up for a bright future. Furthermore, if you have children, you may have specific ideas about child possession and parenting time.

Winning a divorce in a high-conflict situation may mean giving up certain concessions to achieve victories that are the most important to you. When you work with one of the best high-conflict divorce attorneys in Dallas, you can rest assured that your attorney will “triage” your needs, helping you determine certain concessions you’re comfortable making and those things you must have in your divorce settlement.

Once you determine what’s most important to you, your attorney can develop a negotiation strategy to help you get the best possible outcome.

Are Narcissists High Conflict?

Narcissistic Personality Disorder (NPD) is a complex mental disorder that presents with symptoms of self-centeredness, grandiose self-aggrandizement, a feeling that the person with NPD is “special” and misunderstood, and envy of others. It’s also characterized by a lack of empathy, arrogance, and manipulation of others.

The term “narcissist” may be thrown around in a contested divorce. However, NPD is a diagnosed mental illness. Nevertheless, a divorce involving a spouse with NPD may lead to significant conflict. If your spouse has been diagnosed with NPD, it’s best to alert your attorney so they can adjust their strategy accordingly.

What Causes High Conflict Divorce?

High-conflict divorces often occur when the spouses have conflicting stances on one or more issues related to the divorce. Or, there may be so much anger and pain in the divorce that one or both spouses have difficulty separating their feelings about the other from the contractual nature of the divorce.

A high-conflict divorce usually happens in the following circumstances: 

• One spouse feels deeply betrayed
• One spouse struggles with substance abuse disorder (addiction)
• There was infidelity
• One spouse depleted shared marital assets or funds
• There was physical or mental abuse in the marriage
• There is a serious disagreement about what is considered marital property or debt
• There is a serious disagreement about how to raise shared children, including where the children will go to school or which religion they will observe

In any of the above situations, hiring a lawyer to handle communication between you and your soon-to-be ex is best to avoid additional conflict. 

How Many Divorces Are High Conflict?

Roughly 10-20% of divorces in the U.S. may be considered high-conflict, meaning that the spouses can only resolve issues with serious legal intervention. 

How Do You Deal With a Hostile Divorce?

When you have a hostile soon-to-be-ex-spouse, you’re probably looking for Dallas’s most aggressive divorce attorney. At Balekian Hayes PLLC, our skilled, experienced legal team can advocate for your rights and interests and guide you through each step of the divorce process.

Dealing with a hostile spouse during a divorce may be one of the most stressful experiences of your life. Consider seeking individual therapy from a counselor or psychologist who has experience working with people going through high-conflict divorce. If you have shared children with your soon-to-be ex, you might consider therapy for your children as well. 

While excellent legal advice and therapy are crucial, one of the most important things to do is remember that you have value and deserve to have a happy, fulfilling life after your divorce. A compassionate Dallas divorce lawyer from Balekian Hayes PLLC can discuss your goals and wishes and advise you on your legal options for achieving the best outcome for your case. 

Do You Need Legal Advice For Your Divorce?

Have you been seeking a high-conflict divorce attorney in Collin or Denton County? If so, reach out to the experienced, compassionate attorneys at Balekian Hayes PLLC. Led by Managing Partner Kris Balekian Hayes and partner John Withers Jr., we understand the challenges you face during a high-conflict divorce and can advocate for your rights and needs no matter how contentious the situation has become. 

If you have a high-conflict divorce, there are several legal protections that your Dallas divorce lawyer can use to protect you and your interests. Contact Balekian Hayes PLLC today for a confidential consultation with a high-conflict family law attorney. 

Choose the Balekian Hayes Approach

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 understand your situation and uncover the right legal strategy fully. We are here for you. Your concerns are our priority, and we honor the confidentiality of our relationship. When you speak, we listen. Our family law attorneys make 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. Call Balekian Hayes, PLLC today.