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PLANO DIVORCE LAWYER / ATTORNEY
Plano Texas, McKinney, Allen, Frisco,
Collin County, Denton, and Dallas
Divorce
In the State of Texas, a divorce cannot be granted without settling what is in the best interest of children involved and the division of the community property. Texas is a community property state. Although there are exceptions to every rule, community property is subject to a division in the event of a divorce, including debts. Before the community estate can be divided, it must be characterized. The estate is not merely divided by giving each side 50%. Instead, several questions are asked to determine what a "fair and equitable" division of that estate should be.
Timing and Jurisdiction of a Divorce in Texas
One spouse must be a domiciliary of the State of Texas for at least six months and a resident of a county for ninety days before a divorce can be filed.
After the divorce is filed, there is a minimum 60-day waiting period before the divorce can be granted. Most cases take more than sixty days, to find out what there is and to finalize the agreed documents.
If a settlement is reached, a Final Decree of Divorce is written and signed by the parties. When signed, and after the 60-day period has lapsed, the Final Decree of Divorce is presented to the judge for approval. Approval of the decree by the court finalizes the divorce and the couple will no longer be legally married.
As a general rule, if an agreement cannot be reached within 90 days after the Original Petition for Divorce is filed, the court will set the case for trial. The court will also require both parties to attend mediation.
Name Change
You may request a change of your name as part of your divorce action. This is commonly done by women who wish to restore their maiden names. Name changes for a spouse are usually granted even if there are minor children. If you think you would like to change your name, it would best to do so as part of your divorce. As a separate lawsuit, the requirements are much stricter. A name change for a child is difficult unless it is agreed.
Dallas, Collin, Denton & Tarrant County Cases
Dallas has 7 full time specialty divorce and family law courts, and also 7 full time associate judges; so in effect, Dallas has at least 14 family Courts running at the same time. Tarrant County also has specialty family law courts (7) and associate judges for each of them. Both Collin County (8 District Courts located in McKinney) and Denton County (6 District Courts) have general jurisdiction Courts that hear civil and criminal cases as well as family law cases. So your case may be handled differently depending on where it is filed, and the way each individual Court in that county arranges its docket. Contact Jerry for more details.
Contact the Tidwell Law Firm Today
If you need the assistance of an experienced divorce lawyer or a criminal defense lawyer, please contact The Tidwell Law Firm. We are dedicated to providing quality legal representation to clients throughout the Dallas / Fort Worth (DFW) metroplex, including Dallas, Collin, Tarrant and Denton counties (Plano, McKinney, Allen, Arlington, Richardson, Carrollton, Grand Prarie, Irving, Southlake, Coppell, etc).
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