Scroggins Law Group is a respected and successful divorce law firm Plano TX offers. We serve our clients in the area of family law, including divorce and related legal matters. If you’re looking for a Plano divorce law firm to represent you, give us a call today to schedule a brief consultation at no charge to you. There are many benefits to having an experienced divorce law firm in Plano TX on your side.
A Divorce Lawyer Can Help Protect Your Rights
It’s more common than not that when a married couple enters into divorce proceedings that it can become contentious between the parties. Even spouses who decide to divorce though they are on good terms can be negatively affected by the details and stress that arises during the legal proceedings. For instance, when it comes to making important decisions about child custody, child support, spousal support, and marital asset distribution, it may not be practical to work out agreements on your own. By hiring an attorney from a divorce law firm Plano TX married couples recommend, the stress and tension can be greatly reduced.
Spousal Support, Alimony, or Spousal Maintenance
Though the names can be interchangeable, spousal support, alimony, or spousal maintenance terms and agreements can be challenging and hostile when working out. One of the advantages of working with a divorce law firm Plano TX community members turn to is that we can communicate directly with your spouse’s lawyer so that you don’t have to do this yourself. There are various forms of support:
- Temporary spousal support. This is when the court orders one spouse to pay the other spouse support from the beginning of the divorce proceedings until the divorce is finalized.
- Permanent spousal support. This type of financial support is what the court orders after the divorce is finalized. In Texas, a divorce court can order permanent spousal support for up to three years after the divorce. In some cases, a divorce law firm Plano TX residents rely on may be able to extend that time period.
Common mistakes made during a divorce
Our team of lawyers, from the divorce law firm Plano TX trusts, know that divorce proceedings are lengthy and emotionally charged making it more difficult for the parties involved to make it through without a misstep or two. Parties may be overwhelmed, clouded by their emotions, and thinking unclearly leading to all sorts of mistakes during divorces. While mistakes may not necessarily derail a final agreement, they can certainly cause problems that may lengthen the process. Here are some of the common mistakes people make when getting divorced:
1. Attacking your spouse
A big mistake often made is to immediately attack your spouse. You may be upset with how the marriage ended, and you may want to hurt your spouse in any way you can. But this may just cause your spouse to fire back, unnecessarily escalating the litigation. Even if you are very angry, try to handle things with as levelheaded a demeanor as possible.You can avoid a lot of explosive fights and unnecessary headaches with that approach. Hiring a divorce law firm Plano TX residents can trust can also help.
2. Assuming the divorce process will be over quickly
Scroggins Law Group, a divorce law firm in Plano TX can guide you through the process and help you understand the divorce process. Many people incorrectly believe that their divorce will be over quickly. Divorce often takes much longer than expected. It can often take over a year. It’s important to be patient during the divorce process; if you’re feeling overwhelmed, consider talking to a lawyer from the divorce law firm Plano TX relies on so often.
3. Signing documents blindly
Divorce paperwork can be extensive, so you may be tempted to skip some parts before signing. However, if you sign the important documents without fully understanding them, you may regret it later. It is imperative to read divorce documents thoroughly. If you do not understand something in a document, do not hesitate to ask the board-certified family lawyer* from the divorce law firm Plano TX residents have turned to on so many occasions.
Should I hire a divorce lawyer?
Many people make the mistake of trying to do a divorce by themselves. Unfortunately, unless you are familiar with all of the documentation needed related to child custody, possession and access, division of the marital estate and many others, you are setting yourself up for a disaster. Contact the divorce law firm in Plano TX, they can walk you through the process with grace and dignity.
A Divorce Lawyer Can Reduce Stress
Partnering with an experienced Plano TX divorce law firm can greatly reduce the stress of a divorce. Your lawyer may do all the heavy lifting, so that you can focus on what matters: your family. A compassionate lawyer can also assist when you are feeling overwhelmed or you just need to talk. If you have questions or concerns about your divorce, don’t hesitate to reach out to our Plano TX divorce law firm.
A Divorce Lawyer Can Protect Your Rights
Without legal representation, you may be taken advantage of in court. If your spouse has a lawyer and you do not, it may likely be easier for your spouse to have the documentary evidence entered with the Court and the proper legal arguments made to further their position. Without such vital assistance, you place yourself and your family in jeopardy. Scroggins Law Group, a divorce law firm Plano TX respects, can fight to make sure you’re not taken advantage. Our lawyers may make sure you are treated fairly and your rights are protected in court.
Hiring legal representation can make your divorce proceed more smoothly, so do not hesitate to consult with an experienced divorce lawyer. If you are searching for a divorce law firm Plano TX trusts with a board-certified family lawyer* who has been named a Super Lawyer for the past several years, contact us today.
Divorce Law Firm Plano TX
When you want or need to get a divorce or start a custody action, or have been served by your spouse, you need a divorce law firm Plano TX trusts to advise and represent you through the process, so you know what to expect and can create the best possible strategy.
How is the Divorce Petition Filed and Served?
After meeting with your Plano, Texas divorce lawyer, they will file your original petition for divorce with the district clerk and have the other party served with the citation on the original petition. In a simple divorce that is not contested, meaning that both sides agree on everything, the Texas legislature requires a cooling off period of 60 days after the date the divorce is filed. That means that if you and your spouse agree on everything, your divorce could be finalized as soon as the 61st day after the original petition was filed . Note that for the court to have jurisdiction for your divorce, either spouse must be a resident of Texas for six months before filing, and must reside in the county where the Petition is filed for at least 90 days.
If both parties are aware of the divorce petition, the respondent ( the party that did not file for the divorce) may waive service of legal process and volunteer to accept service with a waiver document, notarized and filed with the district clerk.
What is Pre-trial Litigation and Discovery?
In Collin County, a temporary restraining order for the preservation and protection of the property is an automatic procedure that is included in the original petition for divorce and is set forth in Collin County’s local rules. A divorce law firm in Plano TX must comply with the local Collin County Standing Orders rule and attach a copy of the standard form restraining order to the original petition. In family violence cases, your Collin County divorce lawyer may petition the court for a protective order, requiring the offending party to stay away from the other and not make contact under penalty of arrest and possible jail time.
At a Temporary Orders hearing, the parties appear before the court and each side has a limited time to make their case regarding who will live where and who will pay for what during the divorce process. In many cases, what is determined at the Temporary Orders stage of litigation will remain in place at the end of the divorce.
Upon knowing the parties, property and assets involved in the case are secure, the divorce lawyers send each other pre-trial discovery requests for information, documents and evidence to be collected and used to prove allegations in the divorce pleadings. Discovery can be written, or oral testimony at a deposition. It also involves allowing the opposing party access to inspect assets, information and property, for example. Along the way, there may be court appearances as necessary to help the lawyers assure they have all the necessary information to represent their clients, determine the extent of the community property in the marital estate.
When child custody is an issue, there can be court appearances, including the Temporary Orders hearing, addressing issues involving which parent should be appointed conservator (custodian) and with what rights, possession and access each parent should have.
How Are Cases Settled and What Happens at Final Trials?
At all times from beginning to end, the parties are encouraged to be amenable to agreeing on and settling certain issues that are of less consequence, so the lawyers and court can focus on the serious issues with the greatest amount of conflict. Settlements are often the result of the mediation process and other alternative dispute resolution methods used in divorce and custody cases.
When the parties are unable to settle, the end of the divorce litigation process is usually the final trial, where your Collin County divorce lawyer will call witnesses to testify, cross examine witnesses presented by the other side, and offer evidence and object to any improper evidence or procedure in trial. A final trial can be lengthy and be tried before the judge or a jury. However, in family cases involving custody issues, the jury can only decide certain issues, the remaining issues are decided by the judge.
How Do Post-decree Enforcements, Modifications and Appeals Work?
Anytime After the trial is concluded and a decision is rendered, or until 30 days after the judge signs the final decree, either spouse may file an appeal. Neither spouse may be married again until the divorce is final, at the end of the 30-day period. Note that if in certain situations there is an opportunity to file an appeal, your Plano TX divorce lawyer can explain the process and what to expect.
After your divorce case, often involving children and custody, is concluded your attorney may ask the court to enter further orders to enforce or modify its previous rulings when there are significant and material changes in circumstances in your lives, or when one of the parties refuses to comply with elements of a parenting plan, or property distribution for example.
Scroggins Law Group is the divorce law firm Plano TX families can call when they know their divorce or custody matter is going to be challenging and the stakes are high. Mark L. Scroggins is board-certified in family law by the Texas Board of Legal Specialization, which is important in high conflict divorce and family law matters. Call Scroggins Law Group in Plano at (469) 626-5220 to make an appointment.