Divorce Laws
Determined to Seek What's Best for You & Your Family
Experienced Divorce Lawyers Serving North Texas
At Garcia-Windsor, P.C., we know that going through a divorce can be a difficult time for many couples. Even spouses fortunate enough to end their relationship on civil terms aren't immune to the heavy emotional and financial burdens of marriage dissolution. Our Dallas divorce lawyers are committed to providing compassionate legal counsel to couples in North Texas.
Our experienced family law firm offers reliable representation to help minimize stress and protect your rights during divorce. We understand that ending a marriage can be a grueling and deeply personal process, but the good news is you don't have to fight alone. Our divorce lawyers have over 86 years of combined experience to help you navigate the complex legal landscape of divorce proceedings by guiding your steps with care.
Preparing for a Divorce?
Turn to our seasoned divorce attorneys for the sound counsel and skilled advocacy you deserve.
Cases Our Divorce Law Firm Handles
With over 86 years of combined experience, our divorce attorneys have a diverse skillset and comprehensive knowledge of Texas law to represent your best interests. We represent couples in all types of divorces, including:
Contested Divorces
Uncontested Divorces
Same-Sex Divorce
Legal Separation
What Are the Grounds for Divorce in Texas?
Texas is a no-fault divorce state, meaning that either spouse can file for divorce regardless of whether their partner agrees. In other words, the petitioning spouse isn't obligated to establish fault in the marriage to obtain a divorce. However, this doesn't mean that fault can't play a role in divorce-related decisions, such as child custody and property division.
While establishing fault in a divorce isn't required, the state does recognize certain fault grounds that may impact the final divorce settlement, such as cruelty or infidelity (Texas Family Code 56.001-6.008). Our knowledgeable lawyers are well-versed in these legal intricacies to protect your rights throughout the divorce proceedings.
The Difference Between Contested and Uncontested Divorce
Filing for divorce can be complex and confusing. Fortunately, our firm has an in depth understanding of divorce laws to guide you through these legal complexities and prioritize your needs from start to finish.
An uncontested divorce, also known as a no-fault divorce, is an appealing option for many couples due to various benefits. While an uncontested divorce can save spouses time and money in the courtroom, it isn't for everyone.
How to File for an Uncontested Divorce in Texas
To file for an uncontested divorce, both spouses must agree on all terms of the divorce.
This includes reaching a mutual agreement on complex matters like alimony. child support, child custody, and property division.
If the couple cannot reach an agreement on divorce-related issues, they must file for a contested or "traditional" divorce and appear in family court, where divorce-related decisions will be determined in divorce litigation, mediation, or arbitration.
No-fault divorces typically work best for couples without minor children or significant assets.
If you're seeking a marriage dissolution, securing sound counsel is crucial to make fully informed decisions...
at Garcia-Windsor, P.C., we have decades of family law experience to help you find the best path to divorce for your unique needs.
How Is Property Split
in a Texas Divorce?
Texas is a community property state, meaning family courts seek to divide all marital property equally between divorcing spouses. However, this doesn't necessarily mean that all property will be split 50/50. Marital property or "community property" is considered jointly owned by both spouses. Under state law, all property acquired during the course of the marriage is considered community property.
Family courts can consider a wide range of factors to determine property and asset distribution during divorce, such as:
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Each spouse's earning capacity.
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Each spouse's future financial needs.
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Each spouse's contributions to the marriage.
Seeking sound counsel from an experienced divorce attorney is imperative to protecting your hard-earned assets and ensuring you receive a fair share. Our lawyers are well-versed in the complexities of property division and high net-worth dissolutions to advocate for the just settlement you're rightfully entitled.
What Constitutes "Separate Property" in a Divorce?
While community property refers to assets and debts accrued during the marriage, separate property extends to assets acquired prior to the marriage (Texas Family Code §3.001). Some common examples include:
Gifts and inheritances
Assets received by gift or inheritance to one spouse are considered separate property in a divorce.
Retirement benefits
While retirement funds are generally considered marital or community property, any retirement benefits accrued outside the marriage is considered separate property.
Business shares
More often than not, a business is considered community property in a divorce. However, if one spouse owned the business prior to the marriage and kept it separate throughout, a certain percentage of shares may be considered separate property, although assets acquired during the duration of the marriage is marital property subject to division in family court.
If you're preparing for a divorce, our experienced attorneys can safeguard your rights and economic security.
Call (214) 432-6699 to schedule a consultation.
Should I Hire a Divorce Layer?
With DIY divorces on the rise, you may be wondering if you need an attorney for your divorce. While some alternative paths to divorce may be beneficial in certain circumstances, this isn't the case for every couple. n the vast majority of circumstances, working with an experienced divorce attorney is essential. Securing qualified representation can offer many invaluable benefits and mean the difference between securing a favorable settlement and walking away empty-handed. This is especially true for couples with concerns about child custody, alimony, and other contentious topics.
Securing skilled representation is crucial to safeguard your rights and protect the safety and well-being of your loved ones during this difficult time. When you hire Garcia-Windsor, P.C., you'll benefit from:
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Over 86 years of combined experience: With nearly a century of combined experience, our Dallas attorneys are well-versed in divorce and family law to prioritize your needs.
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Reliable representation from an award-winning family law firm: We have a proven track record of results and a longstanding reputation for providing compassionate counsel in life's most challenging seasons.
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Comprehensive legal knowledge: From prenuptial agreements to adoption, our comprehensive understanding of Texas law empowers us to handle all types of family law disputes.
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Personalized services: Our firm goes above and beyond to meet our clients' diverse needs while making their personal goals our own. Whether you're preparing for an amicable divorce or filing for emergency custody, we offer personalized representation and bilingual services to ensure your case is prioritized.
