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Divorce Legal Representation

Helping Families Through Tumultuous Times in Dallas & Collin County

Every person experiences divorce differently, and the circumstances vary from case to care. At Garcia-Windsor, P.C. we can empathize with your situation and offer you experienced legal counsel and fight for what you really want. During this emotional time, it can be difficult to focus on the future. It is our job to make sure you have everything you need to make a fresh start.

Call Garcia-Windsor, P.C. at (214) 972-3025 for a consultation with an experienced Dallas divorce attorney today. Se habla Español.

How Does Divorce Work in Texas?

In order to start a divorce, you must have been a resident in Texas for at least 6 months before filing for divorce. To start, you might file a Petition for Divorce with the District Court. A judge will typically wait 60 days before making a final divorce decree.

Texas Grounds for Divorce

A final divorce decree may change if your matter involves extenuating circumstances such as domestic violence. You do not need to establish fault in Texas to get a divorce (a “no-fault” divorce). If you have grounds for a fault divorce, you may be entitled to more from your shared assets as compensation for your spouse’s mistreatment.

Some grounds for fault divorce include:

  • Domestic abuse
  • Adultery
  • Verbal abuse and cruelty
  • One spouse has been convicted of a felony
  • Your spouse abandoned you for a year
  • You have lived apart for at least 3 years
  • Your spouse has been confined to a mental institution for at least 3 years

How Does An Annulment Work in Texas?

There are also circumstances that would lead to the annulment of your marriage rather than a divorce. Annulments are generally simpler than divorces and essentially makes it so that the marriage never existed in the first place, from a legal standpoint. Marrying while under the influence of drugs or alcohol, marrying someone who did not inform you they were previously married, and marriages that have only been in effect for less than 72 hours are just a few qualifiers for an annulment.

Uncontested vs. Contested Divorce in Texas

There are two approaches that a couple can take when filing for divorce. They can either start an uncontested or contested divorce.

Uncontested Divorce – This is when a married couple files for divorce and is in agreement on all of the issues pertaining to the divorce. This would include matters such as child custody, parenting time, property division, child support, alimony, etc. The couple must understand and voluntarily sign all of the papers related to the divorce. It would make sense then that a couple is more likely to have an uncontested divorce if they don’t own any property or assets and if they don’t have any minor children.

Contested Divorce – Sometimes divorce isn’t so simple. Even if it starts out as uncontested, oftentimes something comes up that the spouses will disagree over. A contested divorce is when a couple can’t agree on one or more issues related to their divorce. Instead, their divorce may require mediation, arbitration, or litigation. Naturally, contested divorces often take longer than uncontested divorces.

Clearly, an uncontested divorce seems preferable, but sometimes it is unattainable. No matter which kind of divorce you and your spouse are dealing with, contact our firm for additional information and guidance

Protect What's Important to You

Once you have come to terms that divorce is happening, it’s time to start thinking about your future. Dividing property and assets is a complicated process, and you will want a knowledgeable attorney helping you figure out a fair arrangement. If you have children, determining child custody will be another major issue.

Whether you decide to work out the terms of your divorce amicably in an uncontested divorce, or will need to go to court for a contested divorce, our capable divorce attorney in Dallas can provide you with the compassionate and dedicated representation you deserve.

Reach out to Garcia-Windsor, P.C. today. Our Dallas firm serves the metroplex. Call (214) 972-3025.

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We're There for Our Clients like They're Our Family

  • “In the event of a divorce with asset issues, Isabela Amie Garcia is the lawyer that our corporate executives trust to preserve their integrity and their business- Claudia Torrescano, President of AEM (Association of Mexican Entrepreneurs)”

    Claudia Torrescano

  • “My children are now safe with me, and we are thriving as a family because of Ms. Garcia's expertise and her team's professionalism.”

    Eric

  • “Attorney Garcia put all my concerns at ease and helped me with the Family situation I was going through at the time.”

    Gerardo N.

  • “They are an amazing team.”

    Daniel C.

  • “Her clients are lucky to have such a strong advocate on their side!”

    Charmaine

  • “Thank you again for helping my family, you're the best Attorney Isabela.”

    Faith G.

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