Dallas Texas Divorce Attorney

Divorce:
Uncontested | Contested with Property Division | Contested with Child Custody Issues
Contested with Family Violence Issues | Husband or wife out of state

Family Law and Divorce in Texas

Divorce

Divorce is one aspect of family law where almost everyone needs a family law attorney. Very few people ever “want” a divorce, although that’s often what is said by one spouse to the other. Circumstances may make a person feel they have little choice but to obtain a divorce if they want to change their life or the lives of their children for the better. Consultation with a family law attorney can help you decide whether or not divorce is the best decision for your family.

Divorce affects over half of American families, and the statistic may be higher if you include the blended families which often exist because of a prior divorce in subsequent relationships or marriages. Divorce is a family law reality that must be faced when a relationship is no longer sustainable due to conflicts of personalities, financial problems, marital fidelity issues, health and/or substance abuse problems, or value differences between parents where children are concerned. Mr. Casteel has handled divorces as an attorney in Dallas since 2002.

No-Fault Divorce

Until approximately thirty years ago, a spouse had to prove grounds for divorce, or “fault.” Fault grounds in divorce cases were normally adultery, cruel treatment, or abandonment. A significant amount of fraud occurred when two people just wanted a divorce, but couldn’t obtain one unless they lied about a fictitious affair or other circumstance, that legislatures around the country, including Texas, passed “no-fault” divorce statutes. Essentially, if you ask for a divorce, you will eventually get one. The petitioner (person who files) must only plead that there is a conflict of personalities that destroys the legitimate ends of the marriage relationship in order to obtain a divorce. Your spouse cannot stop you from getting a divorce, but if there are children, or there is significant marital property, long and costly disputes can slow down the process.

Divorce Planning

It sounds strange, but it makes sense. Although many couples separate today long before they file for divorce, they may reside together when the decision is made, and they may need to plan before one spouse has the resources to set up separate housekeeping, which could nearly double living expenses. This need is even more important when children are involved, as the one parent’s new residence could affect the school district the children attend (or force the parents to incur tuition), carpools, daycare, and medical care needs of the children. This type of planning with your family law attorney is a key element of divorce strategy, and possibly a safety issue in certain divorces.

Community Property

You may have certain rights to any property (personal and/or real) that was acquired during a marriage, but the facts of how the property came into the marriage determine the exact extent of your rights. A consultation with an attorney is necessary to discuss these rights. Contested property in a divorce can make the divorce more expensive. This is one of the most important topics in any divorce where the parties own a home, stocks or securities, have retirement accounts, and/or many motor vehicles. Debts are also community property.

Child Custody

The most important issue in any divorce involving children is the care, custody, and control of those children after the divorce is over, and what type of contact the children will have with the parent with whom the children do not primarily reside. Children are society’s greatest future resource, and this is why the Texas Family Code uses the term “conservator” for the people who have custodial and/or possessory rights to a child. Child custody, if disputed between parents, is possibly the most difficult issues in many divorces. Child support is almost always owed by the person who does not have primary conservatorship to the person that does have primary conservatorship, but there are exceptions.

Dispute Mediation in your Divorce or Child Custody Case

When you are represented by an attorney who is also a mediator, you have an attorney that has similar training in mediation to that of the mediator, and normally understands the principal goals and theories behind mediation. Not all mediators are attorneys, and not all attorneys are mediators. Having a representative who is both allows you to better understand the process and the goal – to settle your case favorably without the need for a trial.

Family Law and Divorce in Texas

Family law matters are the most personal legal matters that are likely to occur in your life. They involve and affect your household and your children. Family law cases are likely to have the most profound effect on your future of any legal proceedings. For example, an average sentence for a felony in criminal court might be five years, whereas any custody and visitation order will force you to deal with your ex-spouse for between one to eighteen years.

Divorce Attorney

When you consider filing for a divorce, one of the most important decisions you make will be the selection of a divorce attorney. It is important that the attorney has right practice style to meet your goals in the case, and this does not always mean a more aggressive approach to the case. Negotiation is a helpful tool in arriving at a divorce settlement you can live with.

Uncontested with Property Division

Many divorces can be handled without the need for a final trial, if proper negotiating strategies are applied, and if agreement can achieve the client's goals. This can occur in any divorce or family law case, regardless of the amount of community property involved. Robert Casteel believes that an agreed settlement is the best solution for many clients, although the strategy in each divorce case depends on the facts and the client's needs.

Contested with Child Custody Issues

In any divorce, the most complex issue is usually child custody. Each parent may have different goals and desires for their children, and this is one of the largest potential conflict areas in any family law case. The parent who has primary conservatorship has the most decision making power regarding the children, and for this reason child custody is often contested. Non-lawyers often refer to this process as a custody "battle," because of the intensity of the emotions involved. Family law attorneys understand that this is a key element of any divorce, and may affect your relationship with your child for years to come. Anyone who has had a spouse file for primary custody/conservatorship of a child needs a family law attorney to help them with this issue.

Dallas Texas

The Law Office of Robert Casteel offers services in the Dallas/Fort Worth Metroplex, including Dallas, Collin, Denton, and Tarrant counties. Services are also available through associated attorneys in Grayson, Kaufman, Ellis, and Parker counties.