Fort Worth Divorce Attorney

In Texas, divorces are classified as either contested or uncontested.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues, including the division of marital property, child custody, and spousal support. It is generally less time-consuming and expensive and does not require court intervention.

Contested Divorce

A contested divorce occurs when spouses disagree on one or more key issues concerning their divorce. Depending on the disputed issues, a contested divorce will usually require negotiation and even court intervention when disputes can’t be resolved. This can make the process more time-consuming and costly. However, at any point before litigation, spouses can come to an agreement on their own, alleviating the need for a court trial.

The level of cooperation and agreement between you and your spouse will greatly affect the duration, complexity, and cost of your divorce. Considering and choosing the right attorney and legal strategy will be critical. Whether you are seeking a simple resolution or fighting for your rights in court, the skilled Fort Worth divorce lawyers at Melone Hatley, P.C. are here to guide, advise, and protect you along the way.

To file for divorce in Fort Worth and establish jurisdiction, you must first meet state and county residency requirements:

• Texas Residency Requirements
  At least one spouse must have lived in Texas for at least six months before filing for divorce.
• County Residency Requirements
  The spouse filing for divorce must have lived in the county where the petition is being filed for at least 90 days before filing.

Residency requirements prevent spouses from filing in a county without established ties. Consequently, determining the correct filing location will be important to avoid delays if you have recently moved.

In Texas, there are seven grounds (legal reasons) you can use to file for divorce.

No-Fault Divorce Grounds

No-fault grounds for divorce mean spouses do not need to prove marital wrongdoing to dissolve their marriage. In Texas, insupportability is the only no-fault ground for divorce. Insupportability means the marriage has become insupportable, or irreconcilable, because of conflict or disharmony, with no reasonable expectation of reconciliation.

Fault-Based Grounds

A fault-based divorce can be pursued in Fort Worth when one spouse’s actions cause the breakdown of the marriage.  Fault-based grounds are not designed to punish a spouse but to influence key decisions during the divorce proceedings, such as property division, custody, or spousal maintenance.  Fault-based grounds in Texas include:

Cruelty

In Texas, cruelty is defined as willful and consistent cruel treatment by one spouse that makes continued cohabitation insupportable. The court can broadly interpret cruelty in a divorce case, and it can be physical, emotional, or psychological in nature. Even a single incident may qualify if it was particularly severe, such as a violent assault.

Adultery

Adultery occurs when one spouse engages in an extramarital affair. To successfully prove adultery in a fault-based divorce, the accusing spouse must provide clear and convincing evidence of the affair. If proven that the adulterous spouse used marital funds to support their affair, such as buying gifts, taking trips, or covering other expenses, it can lead to a claim for reimbursement or affect the division of assets to compensate the innocent spouse. It can also potentially affect decisions on spousal maintenance and child custody.

Felony Conviction

A felony conviction can serve as fault grounds for divorce in Texas if a spouse:

• Was convicted of a felony during the marriage
• Has been imprisoned for at least one year in a state or federal penitentiary
• Has not been pardoned

A felony conviction can have significant consequences on divorce proceedings, particularly regarding child custody and spousal maintenance. However, Texas law states that if the felony conviction was based solely on the testimony of the other spouse, the court cannot grant the divorce on these grounds.

Abandonment

For the court to grant a divorce on the grounds of abandonment, the petitioner must prove the following:

• The other spouse left voluntarily
• The departing spouse intended to abandon the petitioning spouse

Texas law requires that abandonment must be continuous for at least one year. If the abandoning spouse returns home and stays for even a short period, the one-year clock may be reset. However, if they return without the intent to reconcile or cohabitate, it may still qualify as abandonment.

Living Apart for a Period of at Least Three Years

Couples who have lived apart consecutively for at least three years may seek a divorce based on this period of separation.

Confinement in a Mental Institution

If one spouse has been confined in a mental institution for at least three years and their condition is unlikely to improve, the other spouse may seek a no-fault divorce.

Because Texas operates as a hybrid system, misconduct can still play a role in some aspects of a no-fault divorce. Courts may consider marital misconduct, such as adultery, cruelty, or abandonment when making determinations on spousal maintenance, child custody, or property division.

You and your spouse must resolve several key issues before you can be granted a divorce in Fort Worth. Because these issues can significantly impact your financial stability, parental rights, and your family’s future, it is critical to understand them and your rights and responsibilities under the law.

Property Division

Texas is a community property state, meaning that, with some exceptions, all assets and debts acquired during the marriage are presumed to be shared equally between spouses during a divorce.

• Community property includes income, real estate, retirement accounts, and debts acquired during the marriage.
• Separate property, or assets owned before the marriage, inheritances, gifts, and personal injury settlements, are not subject to division in most cases.

However, courts in Texas also consider what is “just and right” when dividing community property in a divorce. While this will be a 50/50 split in some cases, in most cases, an even split is just the starting point. The court then considers other factors making the division fairer considering the unique circumstances of the marriage. These factors include:

• The length of the marriage
• The unique needs of each spouse
• The earning capacity and self-sufficiency of each spouse
• The financial and non-financial contributions both spouses have made to the marriage
• The conduct of both spouses, including any financial misconduct, infidelity, abuse, or other marital misconduct
• Any other factors the court deems relevant to determining a fair outcome

While community property acquired during the marriage may not be split evenly, the courts do their best to ensure that property division is as equitable as possible and both spouses have the resources they need after the divorce.

Child Custody

Unlike other states, custody is known as conservatorship in Texas. When making conservatorship decisions, Texas courts prioritize the best interests of the child in their determinations.

The most common of these arrangements are:

Joint Managing Conservatorship

The most awarded custody, joint managing conservatorship is where both parents share decision-making responsibilities for the child. Joint managing conservatorship emphasizes the importance of both parents having an active role in their child’s life. Despite this, one parent may have primary physical custody (known as the primary conservator), and the other will have visitation rights.

Sole Managing Conservatorship

Sole managing conservatorship is similar to sole custody in other states. It grants one parent the exclusive right to make major decisions for the child, with the possessory conservator maintaining visitation. The court may name a parent sole managing conservator if there is a history of abuse, alcohol or drug abuse, or the parent has been largely absent from the child’s life.

Possessory Conservatorship

The noncustodial parent is called the possessory conservator. This parent has visitation rights, allowing them to spend scheduled time with the child, providing consistency and predictability to the child’s routine.

Possession and Access

In Texas, possession and access refers to a parent’s right to visitation and parenting time with the child. Courts may order one of several common possession orders, or parents can also agree on a schedule that works best for them.

Child Support

Child support ensures that children receive financial support in alignment with their needs. In Texas, it is usually determined using a percentage of the noncustodial parent’s net income and is based on the number of children requiring support.

Net income includes wages, salaries, self-employment earnings, overtime, commission, bonuses, tips, and other financial resources. Certain deductions, such as federal income taxes and health insurance premiums for the child are also allowed when determining net income.

Texas child support guidelines outline the following percentage-based calculations:

• One child – 20% of net monthly income
• Two children – 25% of net monthly income
• Three children – 30% of net monthly income
• Four children – 35% of net monthly income
• Five children – 40% of net monthly income
• Six or more children – At least 40% of net monthly income

Courts may adjust child support payments based on specific circumstances, such as:

• The special needs of the child
• Shared custody arrangements
• Income disparities
• Additional dependents, such as children from another relationship

Additionally, Texas law mandates that parents provide medical and dental coverage for their children, which can be factored into the support calculation to ensure providing coverage does not place an undue financial burden on the noncustodial parent.

Spousal Maintenance (Alimony)

Texas courts encourage financial independence as soon as possible and award spousal maintenance only in very limited situations. Spousal support is not guaranteed, and its amount and will depend on the recipient’s financial needs, the paying spouse’s ability to provide support, and other factors.

Spousal maintenance is limited to:

• Marriages lasting 10 years or longer, where one spouse lacks the means to support themselves
• A spouse who is disabled or caring for a disabled child, preventing them from earning a sufficient income
• A spouse who was the victim of family violence within two years before filing for divorce.

Furthermore, Texas law also limits spousal maintenance to the following time frames:

• 5 years for marriages lasting between 10 to 20 years
• 7 years for marriages lasting between 20 to 30 years
• 10 years for marriages lasting over 30 years.

You must be aware of the concept of common-law marriage if you have been living with a significant other in Texas. Texas is one of the few states that recognizes common-law marriage, and you may be considered legally married without obtaining a marriage license or having a formal ceremony if you have:

• Mutually agreed you are married
• Lived together in Texas as spouses
• Represented yourselves as a married couple, e.g. using the same last name, filing joint tax returns, or introducing each other as your spouse

All three of these criteria must exist to establish a valid common-law marriage. However, there is no such thing as a common-law divorce. If you meet these criteria, you must go through the same legal divorce process as formally married spouses if you intend to part.

While every divorce case is unique, the process in Texas follows a similar structured legal procedure. Understanding each phase of the process can help you prepare and make informed decisions to protect your interests.

Filing the Petition

The divorce process begins when one spouse (the petitioner) files an Original Petition for Divorce in the appropriate court. The petition outlines basic information about the marriage and requests relief regarding the division of marital property, child custody, and financial support.

Serving the Divorce Papers

The other spouse (the respondent) must be formally served with the divorce papers unless they have agreed to waive that service. The respondent then has a set period (typically 20 days plus the following Monday) to file an answer with the court.

Temporary Orders

During the divorce, either spouse (typically the petitioner) can request the court to issue temporary orders to establish guidelines while the case is pending. Temporary orders can establish guidelines for:

• Child custody and visitation
• Child support and spousal support
• Who remains in the marital home
• Who is responsible for paying specific debts or household expenses
• Protection from domestic violence or harassment, if applicable

If a spouse fails to comply with these orders, the other party can seek enforcement through the court.

Disclosure, Discovery, and Negotiation

At the outset of a divorce, both spouses have 30 days to exchange certain information with the other. Beyond these initial disclosures, there may be a need for a discovery process, utilizing interrogatories, requests for production, or depositions. This is especially true in cases involving complex assets and property division, suspected hidden asset suspicions or income, fault-based divorce, or other high-conflict matters.

With adequate information, many divorces can be resolved through negotiation, helping couples reach a fair settlement without prolonged litigation. However, if spouses cannot agree on key issues even after disclosures, discovery, and negotiation, the case may proceed with court hearings or a full trial.

Court Hearings or Trial

Before the case reaches trial, the judge may hold pre-trial hearings to clarify legal issues and encourage settlement. The court may also mandate mediation to further amicable settlements and reduce litigation.

If no settlement can be reached, the case proceeds to trial, where both spouses present their case before a judge. The judge evaluates the evidence and issues a final ruling, which is formalized in the Final Decree of Divorce.