The emotionally and mentally trying process of divorce is challenging to navigate alone. If you are considering divorce from your spouse, hiring divorce lawyers is key in determining the best outcome possible for you and your family.
We know you want what’s best for your family. For the legal support that will help you determine what that might be, get in touch with the divorce lawyers in Collin County TX at Scroggins Law Group. We can help you work through the conflicts and questions so you know what your rights are, what you are entitled to and how to proceed.
Divorce: Frequently Asked Questions
Knowing you have the support of a divorce lawyer Collin County TX families seek for guidance and expertise can put your mind at ease, and free you up to ask questions about this unknown territory. Here are answers to some of the most common divorce-related questions:
How do I file for divorce?
Though the details of every divorce will differ depending on the couple’s unique circumstances, there are a few constants that you can expect. Initially, you will file an Original Petition for Divorce. Depending on your circumstances, it may also be necessary to ask for a Temporary Restraining Order or Protective Order.
Does every divorce go to trial?
Not every divorce ends up going to trial in Collin County TX – although unresolvable conflicts between spouses can lead to this being inevitable. That said, experienced divorce lawyers can often help couples resolve their differences outside of court.
When should I hire an attorney?
If you are considering filing for divorce, you should consult with a divorce attorney immediately. If there will be a fight over child custody issues or if there are complex property issues, you should always hire counsel. Only in the very rare situation where you and your spouse have agreed on all child custody and property division issues might it make sense not to hire counsel.
Some people are determined to represent themselves in their divorce cases, but it’s generally wise to hire legal representation. There are some specific circumstances under which it’s not only a smart, but also crucial. For example, if there has been family violence, divorce lawyers will be able to assist is seeking a protective order and dealing with other such incumbent issues.
Do I need to do anything before filing for divorce?
Filing for divorce is one of the biggest decisions you can make and shouldn’t be taken lightly. Divorce can change your life in many ways, so you must be certain that it is something you absolutely want to do. If you serve your spouse with divorce papers, it can be difficult to take it back. Here are just a few things you may want to do before filing for divorce:
- Prepare Financial Documents: One of the first things you should do before filing for divorce is gather all of your financial documents, such as bank statements, car notes, credit card statements and mortgages. Your divorce lawyer will need to review all of these documents. Some spouses don’t take it well when served with divorce papers and can make it very difficult for their partners to get ahold of important documents.
- Talk to Divorce Lawyers: Working with a skilled divorce lawyer can make the divorce process go a lot smoother. Not all lawyers are created equal, so it is wise to look for a lawyer who is board certified* in family law. The lawyer you hire should understand your goals and offer you solutions that you feel comfortable with. During your consultation, don’t hesitate to ask questions about their skills and experience, such as how many divorce cases they handle each year, and how often they go to trial.
- Determine Where You Want to Live: It is important to determine where you want to live during and after the divorce. Do you want to stay in the same home and have your spouse move out? Do you want to move into another place? Understand that where you choose to live may impact your chances of getting the family home after the divorce. For instance, if you decide to move into your friend’s house before the divorce is finalized, the judge might not award you the family home. If you are not sure what to do about your living situation, you should talk to your attorney.
- Figure Out Your Custody Goals: If you have children, you should contact a board certified* family lawyer who is experienced in child custody matters. You will need to discuss how you and your spouse have handled child rearing decisions and duties. Based on your history, your attorney should be able to provide you with informed counsel on what you can expect a judge to do in determining conservatorship and possession and access.
- Getting divorced is not easy, but you can simplify things by being properly prepared. If you ever have any questions or conerns about your divorce, do not hesitate to talk to your divorce lawyer.
Contact Collin County Divorce Lawyers
When you’re ready to hire an experienced attorney for divorce or any other family law issues, be sure you speak with someone committed to expertise, thoroughness, and compassion. Scroggins Law Group is a Collin County firm that may help you find the best possible outcome for you and your family. We recognize how stressful a divorce can be and we want to be there for you in your time of need.
For a case evaluation with divorce lawyers Collin County TX clients know they can turn to, call Scroggins Law Group today.
When you’re going through a tough divorce, seeking counsel from a divorce attorney may be one of the wisest decisions to make. At Scroggins Law Group, we understand that divorce proceedings can really take a toll on families. Even in the most amicable of divorces, spouses and their children may find it difficult to navigate life during and after the divorce. It’s our job to help our clients understand their rights and responsibilities during a divorce and to help them make smart decisions for their family.
Divorcing Your Spouse: Where To Start
Each state has different laws that govern divorce proceedings, so it’s nothing to be ashamed about if you feel confused about where to start. The process of filing for a divorce certainly isn’t easy for everyone, which is why it may be very beneficial to hire a divorce attorney Collin County TX has to offer.
In Texas, you can file for a divorce on the grounds that your spouse did something wrong — which is called a “fault” divorce — or you can file for divorce without stating a reason — which is called a “no fault” divorce. Grounds for a fault-based divorce may include adultery, abandonment, confinement in a mental institution, or cruel treatment. No-fault divorces in Texas are based on incompatibility. A divorce attorney in Collin County TX can help you determine if should file based on fault or no-fault based on your situation.
When you’re going through a divorce, the Collin County TX court will make a determination of what property is community and what is separate. Why is this important? Because the court can only divide the community property of the spouses. The court cannot divide a party’s separate property.
Generally, community property is any asset or debt that has been acquired by the parties during the marriage. Separate property is:
- Property that you acquired before marriage
- Gifts that you received either prior to or during the marriage, whether from your spouse or someone else
- Assets that you received through inheritence
- Monies received from a personal injury settlement or judgment for pain and suffering
- Property identified as separate in a prenuptial agreement that withstands a challenge to its validity in court
Avoid Mixing Marital Property With Separate Property.
One key tip is not to comingle separate property with community property. For example, if you deposit your paycheck into an account that only maintains the monies you received from inheritance, you may create comingling problems. If a court makes a determination that the funds in an account are so hopelessly comingled such that it cannot determine what portion of the funds are separate and community, it can decide that the funds community. If you’re at all unsure, a lawyer can explain how to keep your property separate.
If you’re trying to protect your premarital property during a divorce and you have questions about how to do so, you can speak with a divorce lawyer right now by calling or emailing Scroggins Law Group.
When To Hire A Divorce Lawyer
While you do not have to hire an attorney to file for divorce, trying to navigate the waters of divorce without the help of a divorce attorney Collin County TX families trust is not recommended. Even spouses who are willing to negotiate with each other often don’t understand the intricacies of property division or the necessary language to include in parenting plans. In situations that are more adversarial, a lawyer will advocate for the best interests of their client. If you and your spouse cannot agree on each and every detail concerning your children or how to divide your community property, it’s advisable to hire a Collin County divorce attorney to protect your rights.
Divorce Law FAQ: Tips For Divorce Court
If you do end up going to court, preparing for these proceedings can be incredibly stressful. You might be scared about saying the wrong things or worried that your spouse might try to trick you. While divorce court can definitely be nerve-wracking, knowing what to say and do can make everything a little easier.
- Dress to Impress: Dress for the courtroom like you would for a job interview or at least business casual.
- Don’t Be Hostile Toward Your Spouse’s Lawyer: While your spouse’s attorney probably isn’t your favorite person, you shouldn’t display hostility toward him or her. Such displays can negatively impact a judge or jury.
- Be Careful of Your Body Language: It can be very frustrating if your spouse misrepresents facts while on the stand. However, you should resist the urge to rolls your eyes, sigh or say things under your breath. Judges and juries notice these things and will not be impressed by your behavior. Your attorney will have the opportunity to cross-examine your spouse about their statements.
- Answer the question that is asked: Listen to the question that is asked by your attorney or the other party’s attorney and answer that question. Do not try to get in additional information. Your attorney will have the opportunity to ask follow up questions as necessary.
These tips are just a few common suggestions that divorce attorneys often give their clients. It’s important to remember that each case is unique and that a qualified divorce lawyer should be able to prepare you well for any courtroom proceedings.
Scroggins Law Group: A Divorce Attorney Collin County TX Families Depend On
Divorce can be a complicated and stressful matter. Whether you and your spouse are on amicable terms or whether you anticipate a messy divorce, you may benefit from hiring legal representation. At Scroggins Law Group, it’s our goal to help families navigate complex family litigation issues while providing compassionate and dependable counsel. Even though getting a divorce can be a very personal matter, you certainly don’t have to go through it on your own.
To set up a consultation with a divorce attorney Collin County TX residents trust, contact Scroggins Law Group today.
Divorce Lawyer Texas
Whether to seek a no-fault divorce or make allegations of fault is a decision best discussed with a divorce lawyer Collin County TX trusts to evaluate the facts and make a custom strategy and litigation plan. Many divorces are no-fault divorces and the parties agree that the marriage is insupportable at no fault of either, and there is no chance of saving the marriage. Alternatively, a party could petition the court for a divorce based on one of the statutory fault grounds, such as infidelity or cruelty. This should be done when, based on one or more of the fault grounds, the party asking for the divorce is seeks a greater distribution of the community property in the marital estate.
What is No Fault Divorce, Also Called Insupportability?
No-fault divorce is a dissolution of marriage proceeding in which there is no required proof of fault. In Texas, like many states, in the past a party requesting a divorce was required to prove they had grounds for the divorce, such as infidelity. . Today, in Texas, the no-fault ground for divorce is called Insupportability which simply means the parties have personality conflicts which prevents the parties from continuing in the marital relationship, and there is no reasonable expectation of reconciliation.
What Are the Grounds in a Fault Divorce, and Why Plead Fault Grounds?
If the party petitioning for the divorce can successfully prove one or more of the fault grounds for divorce, they may be awarded a greater amount of the community estate. Proving fault grounds can be challenging and require investigators and additional litigation and costs. The judge hearing testimony and reviewing evidence may, in their discretion, grant the divorce based on the no-fault Insupportability ground or the fault grounds. The strategy and balance of resources and potential gain should be discussed with your divorce lawyer in Collin County TX.
What Are the Fault Grounds for Divorce in Texas?
- Cruelty: The other spouse is guilty of cruel treatment that makes living together impossible.
- Adultery: It is proven that one spouse committed adultery, cheating on the other.
- Conviction of Felony: One of the spouses was convicted of a felony, has been sentenced for at least one year, without pardon, and the spouse convicted was not convicted based on the testimony of the complaining spouse.
- Abandonment: One spouse has left the other with the intention of abandoning them and has been gone for at least one year.
- Living Apart: The spouses have been living apart without cohabiting for at least three years.
- Confinement in Mental Hospital: The other spouse has been confined to a state or private mental hospital for at least three years and the spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
Are There Defenses to Fault Grounds for Divorce?
Defending against fault grounds requires the party on the defense to assert and argue that the party seeking the fault grounds has not proven the elements of those grounds.
When people in Plano need a divorce lawyer Collin County TX recognizes as experienced and knowledgeable about the decision whether to plead fault grounds for divorce, they can contact Scroggins Law Group and make an appointment with Mark L. Scroggins, who is board-certified in family law by the Texas Board of Legal Specialization