FAQ

The time it takes to finalize a divorce in Dallas can vary based on several factors, but there are ways to expedite the process. Opting for an uncontested divorce where both parties agree on all major issues can significantly shorten the timeline, avoiding prolonged court battles. Additionally, ensuring thorough preparation by promptly completing all documentation and meeting court deadlines can help keep your divorce on track.

Engaging in mediation instead of litigation is another effective way to reach quick agreements on contested matters. In this setting, both parties work with a neutral mediator to resolve disputes efficiently. The collaborative approach of mediation often speeds up the agreement process and results in a more amicable settlement.

Communicating openly with your spouse and working towards compromise can further expedite proceedings. By fostering a cooperative environment and engaging in negotiation, both parties can avoid unnecessary legal obstacles that typically arise in adversarial divorces.

Child custody decisions in Texas are primarily based on the best interests of the child. Courts consider several factors to determine what custodial arrangement would best serve the child's physical, emotional, and psychological needs. These factors include the child's age, the physical and emotional condition of the child, any history of domestic violence by either parent, and the ability of the parents to support the child's well-being.

Judges also look at each parent's relationship with the child and their ability to provide a stable home environment. Moreover, the court may consider the preference of a child deemed mature enough to make such a decision, typically starting around the age of 12. At DebnamRust, P.C., we help clients present compelling and comprehensive evidence to support their custody case, ensuring that all aspects of a child's life are considered in decisions that have long-lasting impacts.

Preparing for your first meeting with a divorce lawyer in Dallas is crucial in laying the groundwork for effective legal representation. Start by gathering pertinent documents, such as marriage certificates, prenuptial agreements, financial statements, and any legal documents from existing agreements or court orders related to the marriage. These materials provide your attorney with a clear picture of your financial and legal situation, enabling them to offer tailored advice.

Prepare a list of questions or topics you wish to discuss, ensuring you address all of your concerns during the consultation. Consider your objectives regarding property division, child custody, and financial support, as discussing these goals upfront can guide the development of a suitable legal strategy.

Your initial meeting is also an opportunity for you to assess the attorney's approach and compatibility with your needs. Through open communication, you can establish a relationship that promotes trust and understanding, pivotal aspects of any successful attorney-client partnership in navigating the intricacies of divorce law.

In Dallas, the process for modifying spousal maintenance requires a demonstration of a significant change in circumstances since the original order was established. Such changes might include a substantial increase or decrease in either party's income, remarriage, or a significant change in living expenses. The party seeking modification must file a petition with the court for a review of the current maintenance arrangements.

Our attorneys at DebnamRust, P.C. diligently assess whether a modification is warranted and guide clients through the filing process, ensuring that all petitions are supported by robust evidence and documentation. Whether seeking an increase, decrease, or termination of support, having knowledgeable representation can significantly impact the result of the modification request.

In Texas, divorce filing costs can fluctuate significantly due to various factors. One primary factor is the complexity of the proceedings. An uncontested, simple divorce generally costs less than a contested one, which might involve disputes over assets, custody, or alimony. Legal fees also play a crucial role in the overall expense. A seasoned Dallas divorce lawyer can assist in keeping costs down by managing files promptly and strategically.

The overall cost also encompasses filing and court fees, which might fluctuate depending on your specific situation and the regulations of the Dallas County court system. As of 2024, divorce filing fees in Dallas County run from $350 to $401. If the divorce involves extended mediation sessions or proceeds to trial, the expenses could rise.

It is best to speak with Dallas divorce attorneys at DebnamRust, P.C. to obtain a more precise estimate of your potential expenses, as they can offer a thorough analysis based on your circumstances. Working with an experienced attorney may help you navigate the legal complexity and obtain financial insight into the process, all while ensuring that your rights and interests are well-protected during the procedures.

Apart from attorney fees, other costs may include additional expert consultations, custody evaluations, or property appraisals. Being fully aware of these potential expenses allows you to plan financially and seek opportunities to cut unnecessary costs without compromising your case's quality or effectiveness.

Texas is a community property state, which means that any assets or debts acquired during the marriage are generally divided equally in a divorce. However, the division might not always be a strict 50/50 split. The court has broad discretion to divide the property in a manner it deems fair, considering various factors like each spouse's financial conditions, earning capabilities, and contributions to the marriage, including non-monetary efforts like homemaking or child-rearing.

Separate properties, such as those acquired before marriage or received as gifts or inheritance, typically remain with the original owner. Navigating property division is complex, necessitating detailed documentation and clear presentation of evidence. At DebnamRust, P.C., we strive to present each client's situation comprehensively to align outcomes with their best interests and future needs.

Filing first in a divorce does not have an effect on the court’s final rulings or determination. If you and your soon-to-be-ex are filing uncontested, who files first does not matter as you have already agreed on the terms.

However, if you and your partner do not agree and plan to file uncontested, there can be some advantages to filing first, such as:

• Deciding how to file. The petitioner will decide whether to file on fault or no-fault grounds. While the original petition can be amended, filing first can set the tone for how the divorce proceeds.
• Requesting temporary orders first. A request for temporary orders can be submitted to the courts at the same time a divorce petition is filed; temporary orders typically outline how child custody, child or spousal support, living arrangements as it pertains to the divorcing couple, and paying community debts during the divorce proceedings. These orders can also include temporary restraining or protective orders. If both parties do not agree to the terms of the request, a hearing will be held, however, the petitioner may have more time to prepare for the hearing.
• Choosing the county in which you file. If the parties are separated and live in different counties, the filing party can decide which county to file in, which can be more convenient as it relates to travel costs and retaining a respected local attorney.
• Selecting the first hearing date.
• Going first at hearings or trial. Both parties will get to share their side of the story in court, but going first does allow them to frame their side of the story and influence how the proceedings will go as the respondent may be forced to rebuttal or react to what is initially shared.

It is important to note that even if your spouse already filed, you do not need to worry or feel like you are at a huge disadvantage. As we’ve mentioned, the courts evaluate both sides (the petitioner’s and respondent's) fairly, and whether you filed first is not a factor in making determinations as it relates to child custody, property division, or other divorce matters. You also have the ability to file a counterpetition or response. Once you have been served, reach out to our experienced legal team as soon as possible, so we can advise you on what your best course of action may be and help you build a solid case.

Filing first may also entail psychological advantages, setting a proactive precedent and demonstrating readiness to proceed with the divorce. Taking the initiative may offer comfort in having control over certain strategic aspects of the proceedings, such as the timing and location of hearings.

Whether you date while your case is pending is entirely up to you. Getting back into the dating pool and meeting other singles may sound exciting and like exactly what you need right now.

However, dating while divorcing can have a negative impact on your case, such as:

• Adding more tension and stress to the proceedings. Even in amicable circumstances, getting divorced is emotionally taxing for all parties involved. In addition to the legal consequences of dating, you may alienate yourself from your children and/or soon-to-be-ex if they are upset. Your partner may decide to file for a contested divorce and/or to make the process more hostile.
• Leading to an allegation of adultery. Adultery occurs when a married person voluntarily has sexual intercourse with a person who is not their spouse. While you and your partner may be separated, you are still legally considered a married couple until your divorce is finalized, and adultery is a fault-based ground for divorce in Texas. Even if you began dating after living apart and/or the proceedings began, your spouse can amend the original petition and seek to prove you have been unfaithful.
• Influencing alimony determinations. Accepting financial gifts or support from a new partner can affect a judge’s final ruling on whether to award alimony or how much alimony to award. If you are seeking spousal support and begin to date, the courts may decide to deny your request for support.
• Affecting child custody decisions. The opposing counsel may argue that your dating habits or new relationship impact your parenting abilities or the child’s safety, which are both factors in determining the best interest of the child. For instance, allowing partners to stay overnight or move-in can be seen as immoral or a threat to the child’s wellbeing. Also, your dating partner(s) will be under close scrutiny when it comes to their background, behavior, and relationship with the child (if you often introduce them).
• Impacting the division of property. If found guilty of adultery, a judge may divide your assets in favor of the other party. In some cases, you may also be required to reimburse your spouse for any money you spent on dates or partners.

At DebnamRust, P.C., our Dallas divorce attorneys are here to analyze your divorce and identify the best path forward. We'll work with you to develop a case strategy tailored to your needs.