Divorce Lawyer In Frisco, Texas
Divorce Lawyer In Frisco, Texas
Going through a divorce can be one of the most difficult things you ever do. It is never an easy decision to end a marriage, but sometimes it is a necessary one. If you need a divorce lawyer that Frisco, Texas locals recommend, and who has significant experience in the district courts of Collin County or Denton County, which depending on where you reside is where you will file your divorce, call Scroggins Law Group, PLLC. Our team of experienced lawyers is ready to help you.
Both Mark L. Scroggins and John Withers of Scroggins Law Group, PLLC, have been practicing law in Denton County and Collin County for over 25 years. Mr. Scroggins and Mr. Withers are both board-certified in family law by the Texas Board of Legal Specialization. Fewer than 1.5% of all lawyers in the state of Texas are board-certified in family law. When contemplating divorce you want to make sure you choose a Frisco, Texas divorce lawyer who is familiar with the courts where you will be filing your case, who is an expert in family law, and who many people turn to and trust in their time of need.
Every divorce action has two pieces to it, which are:
- child custody (if there are minor children born of the marriage)
- property division
Child custody involves issues such as where the children are going to live and with whom they will reside, are decisions about child-rearing to be made jointly, independently or will one conservator have the exclusive right to make certain decisions, as well as what other rights and duties each conservator will have. Possession and access of the children is also part of the child custody piece of divorce. There are several available options when it comes to creating a possession and access schedule, but it is presumed by the courts that the minimum amount of time any parent should have is a Standard Possession Order. That being said, at the heart of the resolution of all child custody issues is what is best for the children, so if you and your family find yourself in a situation where one parent may need supervised visitation, that can be addressed. A divorce attorney can advise you on how to best work through all of these issues. A competent attorney can also advise you on how the court will view the issues in your case, what steps to take to best reach your child custody goals, and how to remain calm when working through the various child custody issues.
Property division is the second part of a divorce. It is important to ask your divorce lawyer questions about how you will personally be impacted by property division during your divorce. A marital estate potentially consists of three types of property, which are separate property, community property, and mixed characterization. As most people know, Texas is a community property state. But what exactly does that mean for you? It means that all property is presumed to be community property unless it can be proven that it is separate property. Community property is any asset or debt acquired during the pendency of the marriage whether in one spousesí name, the other spousesí name, or both spousesí names.
Generally speaking, what is not community property is separate property. Specifically, separate property encompasses property that you owned prior to marriage, property that you received via gift, and monies you may have received as a result of a personal injury award for pain and suffering. Why is this important? Because the court cannot award the separate property of one spouse to the other. The person seeking to prove that something is separate property has the burden to do so. If you believe you have separate property it is beneficial to have a divorce lawyer familiar with how to help you prove what property is not community property.
Of course, there are always exceptions to the rule, and each case is unique, but that is why it is so important to seek out exceptional counsel when or if you are contemplating divorce. A competent, experienced attorney can help you achieve your goals regarding your divorce. The attorneys at Scroggins Law Group, PLLC understand that a divorce is one of the most difficult and emotionally draining things you may go through during your lifetime. Our attorneys are compassionate, and they are here to relieve some of the strain and stress of the divorce process.
The above paragraphs only provide a limited view of child custody and property division that will take place in a divorce. Of course, there are numerous sub-issues for both child custody and property division that will need to be addressed with your divorce lawyer. Those sub-issues will be the determining factor of what is likely to happen in your divorce. It is important to be open and honest with your attorney when discussing your goals for child custody and property division. They are there to answer any questions you have and to guide you on how best to proceed. The process starts with an initial consultation where you can speak with one of our attorneys via telephone, in person, or through video conferencing applications such as Zoom, FaceTime, or Skype. The initial consultation is a great time to get to know your attorney and to gain a better understanding of the divorce process and how to begin a divorce. It is also a great time to discuss your goals and bring up any initial concerns you have.
So, if you need advice from a divorce lawyer in Frisco, Texas about how to move forward with a divorce or simply to know what your rights are as it pertains to family law matters, contact the expert lawyers at Scroggins Law Group, PLLC today at 214-469-3100. They can advise you about obtaining a divorce lawyer in Frisco, Texas and they will take the time to learn about your specific circumstances and provide you with a strategic plan on how to accomplish your goals. The attorneys at Scroggins Law Group, PLLC are here to help you and your family during this trying time.