Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

DALLAS DIVORCE ATTORNEYS

IN DALLAS, TEXAS

We serve Dallas, Frisco, and Plano in Family Law and Divorce cases with experienced board-certified lawyers who deliver results when your family matters.

TEXAS DIVORCE LAWYERS

How Do I Obtain A Divorce In Texas?


To file for and obtain a divorce in Texas, a person must be a Texas resident for at least six months and a county resident for the past 90 days. Jurisdiction over the other party must be obtained by either serving them legal process within Texas or securing their voluntary consent to jurisdiction in Texas. If a spouse's whereabouts are unknown, he or she may be served by publishing a notice in a local area newspaper. A respondent in a divorce matter may be deemed to have submitted to jurisdiction in Texas if he or she engaged in sexual relations in the state, resulting in the conception of a child, or otherwise has sufficient contacts with the state. The venue for the divorce action is in the county where either one of the parties resides.  Please download our Divorce Checklist and call us for a divorce consultation today.


The Original Divorce Petition


A divorce is commenced when a party files a petition. A petition must contain specific statutory language and include information about any children of the marriage. A filing fee must be paid at the time of filing the petition.  The fault of either party need not be proved in order to obtain a divorce. All that is necessary is to show that the parties are incompatible. The fault of a spouse leading to the breakdown of a marriage (such as infidelity, abuse, or substance abuse problems) may be relevant to a divorce action impacting child custody and final property division.  An overview of the divorce process can be found at this link: Overview of A Texas Divorce.


Service of Legal Process In A Divorce


In order for the respondent in a divorce case to be brought within the jurisdiction of the district courts of Texas, that person must be served with copies of the petition, temporary orders, and a summons requiring them to file a responsive pleading within a certain time period. This is usually done by the county sheriff or an authorized process server. The service cannot be made by one party serving the other. The respondent may voluntarily consent to the jurisdiction of the court and waive service of process. This is usually accomplished by the respondent signing a form that is filed with the court. Once a respondent is served or has entered his or her appearance, the temporary orders take effect.


Why Do You Need An Aggressive Divorce Attorney?



A successful family law case often begins with an assertive offense and/or defense, and you need a lawyer capable of being aggressive when and as necessary. Our Dallas divorce attorneys have represented clients in hundreds of cases, from simple undisputed divorces to the most complex and challenging matters. They have successfully taken numerous cases to trial and have reached settlements favorable to our clients in scores more cases. Our success is due to our attorneys' dedication to our client's and fierce advocacy for our client's rights and interests. Our Dallas divorce lawyers will not allow you to be taken advantage of but will strive to protect your rights, fight for your interests, and give you the strong and passionate representation your case demands.



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Additional Texas Divorce Focus 

What Is The Waiting Period In Texas Before A Divorce Can Be Granted? 


In Texas, there is a 60 day waiting period after filing for divorce. Absent circumstances warranting an emergency divorce, a final decree of divorce cannot be granted until 60 days have passed since the filing of the petition. During the cooling off period, the parties will often engage in "discovery." Discovery is a process in which the two parties exchange information concerning the issues involved in the divorce. The parties may submit written questions to each other, request the production of documents, and take each other's deposition. Some cases require intensive discovery in which other witnesses are deposed, property appraisals are obtained, homes and safe deposit boxes are inventoried, and records are subpoenaed. If a party refuses to respond to discovery requests, he or she may be sanctioned by the court.


What Happens If You & Your Spouse Cannot Agree To Divorce? 


Any issues that the parties cannot agree on will be tried and decided upon by the court. Each party may call witnesses and introduce exhibits to support his or her position. The court will determine the dispute and make specific orders which will be contained in the decree of divorce.


What Is Spousal Maintenance In Texas?


Spousal maintenance is a statutory remedy created by the Texas legislature that allows for a court to award payments to a spouse after divorce for a brief period of time under minimal circumstances. The legal remedy of spousal maintenance is codified in Chapter 8 of the Texas Family Code. A court determining that a spouse is eligible to receive maintenance shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors. 


For more information on spousal maintenance, click on this link: Spousal Maintenance In Texas .


What Is Contractual Alimony In Texas? 



Contractual alimony is a voluntary payment of spousal maintenance from one spouse to another. A person going through a divorce may agree to make regular payments to the other spouse as contractual alimony as part of the property settlement. There may be various of reasons for entering into such a voluntary spousal agreement. Still, it is most often used to equalize the division of marital property while providing one spouse with a steady income stream.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
A little girl is sitting on a rope swing.
By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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