In Texas, there is a 60-day waiting period before a divorce can become final (unless an exception is granted due to family violence. Even if both spouses agree on everything, there must be at least 60 days from the date you file with the Court until the date the Court grants your divorce. If you and your spouse have an agreement, the divorce attorneys at Mims Ballew Hollingsworth can help you finalize your divorce on the sixty-first day after filing. This is the fastest possible outcome.

If you and your spouse do not have an agreement before filing, the time it takes to finalize your divorce depends on many factors including: whether children are involved, is there a business to value, whether discovery is needed, and the amount of conflict between spouses. Most cases reach a final resolution through an agreement at some point, but if your case goes to final trial, it can often take more than a year to resolve (especially in larger counties where court dockets are backed up).

While some contested divorces can be resolved in a few months, others can take years to finalize. If your divorce involves significant contested issues (i.e. which parent the children will live with, whether one spouse will receive alimony, who will be awarded the marital home), it is best to plan for anywhere between six months to eighteen months to get to the finish line.

If you are considering a divorce and have concerns about the processing dragging out, it is a good option to schedule a consultation with a divorce lawyer at Mims Ballew to discuss your options and develop a game plan to reduce the time it takes to get you divorced.

Being the first to file a case (the Petitioner) provides strategic advantages throughout litigation. At trial the Petitioner makes their opening statement first, calls their witnesses first, can delay the other party (the Respondent) from speaking until after all the Petitioner’s evidence is presented, and in closing arguments speaks both first and last.

While the Petitioner and Respondent have the same rights and often share the same burden of proof, filing first can certainly help with persuading the Court. Letting the Court know your side of the story first can help when it comes to decisions such as why your children should live primarily with you, why you deserve alimony or why the other party does not need it, or who gets to keep the marital home. If there are facts harmful to your case, filing first allows you to get in front of these and take the sting out of the Respondent’s argument.

Aside from benefits at trial, filing first provides an opportunity to send a message to the Respondent and direct how the case proceeds. Your first filing can indicate a desire to be amicable or can let the other side know you are prepared to fight. Your first filing can also be used to obtain a restraining order or set a hearing before the Respondent even knows a case is filed. Even how you notify the Respondent can impact your case, whether it with a formal process server at their place of employment or through providing them the opportunity to avoid this scenario and voluntarily accept the filing.

If you are considering filing a family law case, there are benefits to filing first. Schedule a consultation with a family lawyer at Mims Ballew Hollingsworth to discuss these benefits and develop a game plan for your case.

Texas is a community property state. This means when you file for divorce our Courts assume that all property you and your spouse have is owned by the marriage and can be divided. However, if you can prove separate property (e.g., what you had before marriage, gifts you received during marriage, or inheritance), then you will have property that the Court cannot take away from you in a divorce.

When property is divided, the Court does so in a manner that the Judge deems “just and right,” considering the rights of each party and any children of the marriage. This does not necessarily mean an equal division between spouses. What one Judge believes is “just and right” may differ from what another Judge right across the hall in the same courthouse believes.

At Mims Ballew Hollingsworth, one of the first things we do in your divorce is find out what property exists for division. We work with you to obtain information on homes, bank accounts, vehicles, business interests, retirement, stock accounts, debts, and separate property claims. If you are concerned your spouse may be hiding assets we will work with you to find this information and ensure all property is accounted for.

After determining divisible property, the next step is valuation. With some assets it is not as straight-forward as looking at an account balance. Business interests can be difficult to value, home prices are constantly changing, and there may be certain tax implications (capital gains) that need to be assessed.

The process of determining what property is divisible and assessing values can be extremely complex, especially in high-asset divorces. The divorce attorneys at Mims Ballew Hollingsworth are experienced in dividing high-asset estates and will work with you and financial professionals to protect your financial interests.

A contested divorce or family law case does not require costly litigation in a public courtroom. You can resolve contested issues through alternative dispute resolution, such as collaborative law, mediation, or arbitration.

These alternatives are often more cost-efficient when compared to going to court, and can result in a faster resolution to your case (in large counties it is not uncommon to wait over a year before having a final trial due to the court’s docket).

Alternative dispute resolution methods, including mediation, are also confidential and do not take place in a courtroom that is open to public viewing. This can be beneficial for divorces and family law cases involving high-profile individuals (e.g. athletes, celebrities, politicians, etc.) or topics of a sensitive nature (i.e. business trade secrets or high-asset divorces).

Collaborative law is a confidential method of resolving a divorce of child custody case where parties work together through joint sessions with the help of specially trained professionals to assist with resolving financial and parenting issues. The focus is on finding mutually beneficial solutions and with sharing information that would normally be kept confidential during litigation. Collaborative law is unique and may not be right for everyone, but for some it is an effective method to lessen conflict.

Just because your divorce or child custody case is contested does not mean it needs to become high conflict and involve costly public court hearings. The family law attorneys at Mims Ballew Hollingsworth can talk you through these options and develop a plan for resolving your case in a through alternative dispute resolution.

When parents can agree on who their children will live with, how to share in rights and decision making, and a parenting time schedule, the Court will often approve this agreement. If parents cannot agree, then the Judge will make custody decisions based on what they believe is in the best interest of the children.

The following factors are frequently considered by Courts in determining a child’s best interest: parenting abilities, plans for the child, home stability, your child’s desires, your child’s emotional and physical needs, and whether there is a concern of emotional and physical danger to your child.

Custody orders in Texas are referred to as a parenting plan. The parenting plan addresses issues such as who your child will live with, what rights each parent has, where your child will go to school, and how the parents will share possession. The parenting plan can be very detailed and address concerns or issues unique to your child. If a parent has problems with drugs or alcohol, this can be addressed in your parenting plan to assure the safety of your child. If your child has special needs, these can be addressed in your parenting plan to assure that your child is properly provided for.

If you are involved in a child custody case, you need an attorney who will fight to protect you and your child’s future. The child custody lawyers at Mims Ballew Hollingsworth have more than 75 years of experience helping families navigate through the family law system, and we will work with you to develop a customized gameplan for your case and for reaching your goals to protect your child.

Family law encompasses many types of cases that are overseen by the Texas Family Courts and related state agencies. These can include:

• Divorce
• Paternity
• Child custody
• Child support
• Grandparents’ rights

The stakes are always high in family-related legal matters, and you want to protect your interests and your family. Always seek help from a family law attorney.

State law dictates how couples must divide property in a divorce. Texas is one of a handful of states that follows community property laws regarding property division. The law states that all property, assets, and debts a couple acquired during marriage are jointly owned by both spouses. Texas law requires spouses to divide all community property in a fair and just manner.

Not every family law case leads to an emotional battle in court. In fact, most cases are able to be resolved without litigation. Your family law attorney can advise you on the options to settle your case out of court, which can include:

• Negotiations – Your family lawyer and the other party’s family lawyer can negotiate informally to try to reach an agreement on how to resolve the case.
• Mediation – You and the other party can attend mediation sessions, which aim to help you compromise and reach an out-of-court settlement.

Couples who are not married have fewer rights and responsibilities. First, they do not have the same rights to joint benefits, tax filings, access to medical information, and more for one another. They also do not have to divide property in a certain way or provide spousal support if they break up.

Keep in mind that some unmarried couples might meet the requirements for common-law marriage in Texas, which can significantly change the situation and provide greater rights and responsibilities.

Mediation is a critical tool in many family law cases, as successful mediation can keep a case from proceeding to costly and time-consuming litigation. Divorcing couples or parents can attend mediation sessions, which aim to facilitate compromise and cooperation. If the parties can reach a mediation agreement, they will not have to go to court. Always have legal representation from a family lawyer during mediation.

Family law firms charge different fees for their services, which might involve a retainer and/or hourly fees. The fees will vary depending on the type of case you have and the complexity of the legal issues involved. You should always feel comfortable with fees before you sign a representation agreement.

Both parents are responsible for supporting their child financially. When parents separate, the non-custodial parent might be ordered by the family court to provide child support to the custodial parent. The court should consider each parent’s income and financial resources when issuing child support orders. Your lawyer can ensure your child support order is fair if you must pay child support.

Child support cases often take less time than other family law matters. This is because Texas follows an objective formula for calculating child support. The cases can take longer if the parent who should pay support is voluntarily unemployed or underemployed to try to minimize the support order. Support modifications can also take longer to resolve, as parents must prove or challenge changed financial circumstances.

If you are involved in a child support case, you should have documentation of your income, other financial resources, and necessary expenses. If you are a custodial parent, you should have your parenting plan and conservatorship order from the family court. Your attorney can advise you if you need additional documents to support your child support case.

In Texas, child support can last until a child turns 18 or graduates from high school, whichever is later. Child support can also terminate if a child gets legally married or emancipated from their parents.

Sometimes, child support can last longer, such as when a child has a disability and requires ongoing parental support as an adult. If a parent owes arrears, these can continue past a child’s 18th birthday, as well.

Failing to pay child support is a serious matter, and the Texas Child Support Services division can take action against the parent to induce them to pay. Some actions a parent might face include wage garnishment, suspension of a driver’s license or passport, or even criminal charges if the situation constitutes criminal non-support.

Legal and physical custody are two aspects of child conservatorship in Texas. Legal custody refers to each parent’s authority to make important decisions about their child’s life. These include decisions about religion, education, healthcare, extracurricular activities, and more. Physical custody refers to the amount of time a child lives with each parent. In most cases, parents will share both legal and physical custody.

In most cases, parents can control whether their child spends time with grandparents or other relatives. However, if a relative believes that it is in the child’s best interest for them to obtain custody, they can petition the court. Both parties petitioning for custody and parents defending against a petition should have help from a Texas child custody attorney.

Texas law presumes that it is in a child’s best interests to have time and contact with both parents, which means that a joint conservatorship is the most common custody arrangement. To improve your chances of obtaining custody, ensure you are active in your child’s life and maintain a home environment that is suitable for the child. Further, if you believe the other parent is unfit, keep documents and evidence of their conduct to present to the court.

A child who is 12 years old or older can express their opinion to the family court about which parent they live with. However, the child’s opinion is not necessarily what the court will follow. Instead, it is only one of many factors a judge must consider when deciding what type of custody arrangement is best for the child.