If you are currently going through a divorce, child custody or visitation issues, or want to have a premarital agreement created, then you need an experienced family law attorney who is well-versed in the specific laws of Texas. With the possible exception of premarital agreements, most family law issues are extremely emotional and highly-charged situations. Not surprisingly, most people do not enter into marriage expecting to get a divorce and later fight contentiously over children and assets. If you find yourself in the midst of an untenable divorce, if you believe your spouse is hiding assets in anticipation of the divorce, or if you are aware that child custody and visitation will end up being a legal nightmare, call The Law Offices of Carl David Ceder, PLLC. Carl is knowledgeable in Texas divorce laws, and can take some of the stress you are feeling during this time away by dealing with the legalities of your divorce while you begin to put your life back together.
Grounds for Divorce
At the time a Texas divorce is filed, either the petitioner or respondent must have been a resident of Texas for the six months prior, and a resident of the county in which the divorce is filed for ninety days prior. If only one spouse has been a resident of Texas for the required amounts of time, a spouse who lives in another state or country may file a petition for divorce in the county in which the resident spouse resides. Texas courts allow the option of filing a divorce based either on "fault" or "no-fault." No fault grounds for divorce are essentially marital discord or conflict or personalities which have destroyed your marital relationship and prevented any reasonable expectation of reconciliation. Fault grounds in Texas include cruelty, adultery, conviction of a felony, abandonment for at least one year, living apart for at least three years or confinement in a mental hospital for at least three years. Be aware that the Texas District Courts will not grant a divorce if they make the determination there is a reasonable expectation of reconciliation by the parties to the divorce.
Uncontested or Collaborative Law Agreement
An uncontested divorce is generally only appropriate when the parties have not been married for a very long length of time, have no children, and have few or no assets to divide. Collaborative Law is a relatively new system of dispute resolution in which both parties and their attorneys agree in advance that no one will take any contested issue to court. A collaborative divorce requires the full and candid exchange of information between the parties and their attorneys; if it is found that full disclosure was not made, the collaborative divorce negotiations will terminate immediately. The theory behind collaborative law is that most people want to move through family law matters as quickly and efficiently as possible without undue harm to the spouses and children. Collaborative Law is a voluntary process, and no one can force the other to participate. Carl can handle your divorce whether it is contested, uncontested ,or you want to try a Collaborative Law Agreement. Carl is a diplomatic and empathetic attorney, with the necessary skills to make your divorce go as smoothly as possible.
Filing the Petition
The party filing for the divorce is the "Petitioner," while the other party is the "Respondent." Once the petition is filed in court the Respondent will be personally served, either by a Sheriff, a process server, or through certified mail. Once the Respondent is served, there is a specific time period to respond to your claims and allegations. The Respondent may either deny or disagree with claims you made in the original petition, and can also file a counter-petition if they choose. If no mutually agreeable terms can be reached, discovery will commence in which both parties are required to turn over all information and documents which are relevant to the proceedings. Once discovery is complete, settlement will be attempted, and there is no possibility of a settlement agreement, the case will go before a judge, who will do his best to divide the assets in an equitable manner, and award custody and visitation in a way that best serves the interests of the children. It is in your interest to have an attorney during this time who will carefully Protect Your Rights to ensure you are not taken advantage of. Afterall, the reality is that you will have to live with the final settlement for a very period of time in the future.
Contact The Law Offices of Carl David Ceder, PLLC
The Law Offices of Carl David Ceder, PLLC, has the resources and skill to handle complex divorce issues with the accompanying complicated property division issues. Carl can handle custody matters and other family law litigation matters, and will take the time to give personal attention to your specific case. Carl is committed to handling your divorce or family law matter in a proper and sensitive manner, and understands the myriad of emotions, concerns, and interests which are important to you during this time. Carl will use his courtroom skills and legal experience to provide professional services to good people who have found themselves in tough family situations. Please call 214.702.CARL (2275) for a further information on your family law related issue.
FREE CONSULTATIONS — PAYMENT PLANS ACCEPTED
Carl David Ceder is an experienced Dallas Family Law Attorney who practices all over the Dallas Metroplex, including all of Dallas, Tarrant County, Collin County, Denton County, Rockwall County, Kaufman County, and all adjoining counties:
- Dallas Family Law Attorney - Dallas, University Park, University Park, Grapevine, Garland, DeSoto, Irving, Carrollton, Addison, Duncanville, Richardson, Cedar Hill, Cockrell Hill, Coppell, Grand Prairie, Lancaster, Lewisville, Mesquite, Seagoville, Wilmer, Wylie
- Tarrant County Family Law Attorney - Fort Worth, Southlake, Keller, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Grapevine, Flower Mound, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, Westlake, Saginaw, River Oaks
- Collin County Family Law Attorney - McKinney, Plano, Garland, Allen, Dallas, Carrollton, Richardson, Fairview, St. Paul, Weston, Lucas, Melissa, Nevada, Westminster, Frisco, Celina, Murphy, New Hope, Prosper, Wylie
- Rockwall County Family Law Attorney - Rockwall, Dallas, Fate, Heath, Mobile City, McLendon-Chisholm, Rowlett, Royse City, Wylie, Munson, Blackland
- Denton County Family Law Attorney - Dallas, Denton, Flower Mound, Fort Worth, Southlake, Hebron, Argyle, Justin, Lake Dallas, Plano, Bartonville, Coppell, Northlake, Carollton, Corinth, Hebron, Highland Village, Justin, Lakewood Village, Lewisville, Northlake, Prosper, The Colony, Westlake