Dallas-Fort Worth Divorce Lawyers Serving Collin, Tarrant, & Rockwall Counties

Divorce can be an emotionally upsetting process. There are so many unknowns, and there is so much to learn about the law. As the founder of the Shemesh Family Law, Amber Shemesh works one-on-one with you so that you can ask the questions you need answers to.

As a Dallas divorce attorney since 2010, Amber and her team can anticipate issues that may arise and work to preempt any delay or obstacle.

Our Dallas-Fort Worth divorce lawyers serves clients from throughout the Dallas-Fort Worth metro area, including residents of Dallas County, Collin County, Tarrant County, Rockwall County, Denton County and Hunt County. Contact our Dallas-Fort Worth divorce attorneys for your initial consultation.

Our Strategy: Negotiation First, Litigation If Necessary

Many divorces benefit from first working through the issues by negotiation. When this is successful, a marriage settlement can be achieved, and no trial or courtroom litigation has to be undertaken. Attorney Amber Shemesh is an established, Texas-certified family mediator who handles a wide range of family law matters. This means she has the training and experience to mediate your divorce. Mediation offers several benefits including often being more time and cost effective, flexible, less formal than a courtroom and more private.

However, there are marriages where specific histories or details make traditional litigation a better option. Having a frank discussion with your attorney about your concerns about the divorce is the best way to determine which route to take.

Types Of Divorce In Texas

Texas law recognizes two main types of divorce: contested and uncontested. In a contested divorce, the spouses disagree on one or more key issues, such as property division, child custody or spousal support. These cases often require court intervention to resolve the disputes. An uncontested divorce occurs when both spouses agree on all terms of their separation. This type of divorce is generally faster, less expensive and less stressful than a contested divorce.

Our Dallas-Fort Worth Lawyers Cover Many Aspects Of The Divorce Process

The Dallas divorce lawyers at the Shemesh Family Law, have extensive experience with every facet of Texas divorce. Our lawyers can help you at any stage of the divorce process. Some of the specific topics we can help you resolve include:

• Child custody
• Child support
• Protective/restraining orders, when necessary for safety
• Spousal support (alimony)
• Post-decree modifications and enforcement
• Changing your name after your divorce is final

Divorce has significant financial implications. Texas is a community property state, meaning assets and debts acquired during the marriage are generally subject to equal division. However, separate property, which includes assets owned before the marriage or received as gifts or inheritance, is not subject to division.

Steps To Take When Getting A Divorce In Texas

Divorce is undoubtedly one of the most challenging life events anyone can experience. Beyond the emotional upheaval and the financial issues that may arise, there are many practical steps to take to ensure a smooth and fair process. If you are considering or are in the process of divorce, it is essential to approach the situation with clarity and planning. Below are key steps to take when moving forward with a divorce, ensuring you protect your well-being during this difficult time.

• Understand your emotional state: Before diving into the practicalities of divorce, take some time to assess your emotional readiness. Divorce is not only a legal process but an emotional one. It’s normal to experience a range of feelings, such as sadness, anger, guilt or even relief. Understanding your emotions can help you make clearer decisions and approach the situation in a level-headed way. Consider speaking with a therapist or counselor to help process your feelings and provide support throughout the journey.
• Seek legal advice: Divorce law can be complicated, and the outcomes can have a long-term effect on your life and finances. It is crucial to consult with an experienced divorce attorney who can guide you through the legal aspects of the process, explain your rights and help you make informed decisions. They can assist with important decisions like child custody, property division, alimony and support.
• Protect your mental health: Divorce can be overwhelming, and it’s important to take care of yourself physically and mentally during this process. Make sure to lean on a strong support network of friends, family, and professionals; stay active and prioritize your health through regular exercise and proper nutrition; and engage in mindfulness practices, journaling, or hobbies that allow you to release stress and focus on your well-being.

Moving forward with divorce can feel daunting, but taking the right steps from the outset can help you manage the process more effectively and minimize stress. Seek professional guidance, care for your emotional health, and focus on creating a future that aligns with your needs and goals. With time and careful planning, you can emerge from this challenging situation stronger and more resilient.

Getting From Here To Divorced

Divorce is undoubtedly one of the most challenging life events anyone can experience. Beyond the emotional upheaval and the financial issues that may arise, there are many practical steps to take to ensure a smooth and fair process. If you are considering or in the process of divorce, it is important to approach the situation with clarity and planning. Below are key steps to take when moving forward with a divorce, ensuring you protect your well-being during this difficult time.

1. Filing for divorce: One spouse files a divorce petition with the court, outlining the grounds for divorce and their desired terms.
2. Serving divorce papers: The other spouse must be formally served with a copy of the divorce petition.
3. Negotiation and mediation (if applicable): Spouses may attempt to negotiate a settlement agreement themselves or with the help of a mediator.
4. Discovery: If the case is contested, both sides may engage in discovery, a process of gathering information and evidence.
5. Trial (if necessary): If the spouses cannot reach an agreement, the case may go to trial, where a judge will make decisions on the disputed issues.
6. Final decree: Once all issues are resolved, the court issues a final divorce decree, legally dissolving the marriage.

Moving forward with divorce can feel daunting, but taking the right steps from the outset can help you navigate the process more effectively and minimize stress. Seek professional guidance, take care of your emotional health, and focus on creating a future that aligns with your needs and goals. With time and careful planning, you can emerge from this challenging situation stronger and more resilient.

Divorces in Texas, specifically in Collin County, Dallas County, Tarrant County, Denton County, Rockwall County and Ellis County, focus on two major components: child-related provisions (if there is a child or children in the suit) and asset- and debt-related provisions.

Understanding Child Custody Decisions

Regarding child-related provisions, if the parties are not able to reach an agreement either informally or formally through mediation, for example, then the courts will need to decide what legal rights and duties the parents will have and whether it will be sole managing conservatorship or joint managing conservatorship. Also, the court will need to determine whether the parties should share physical custody of the children or if one parent should have a restricted visitation schedule, such as supervised visitation or visitation for a child under the age of 3 that may be breastfed at the time of the lawsuit, or if the child or children have any special needs or medical issues that would require a deviation in the standard possession that is typically assigned by the courts. Usually, the Judges will be aware of one parent as the parent that has the exclusive right to designate primary residence within the county in which they reside and sometimes expand to a county touching that county. For example, if the parties reside in Dallas County, the court may put into place that the mother may designate primary residence within Dallas County or a contiguous county (which is a county that touches Dallas, such as Rockwall County, or Collin County). The other non-primary parent would then receive what is called standard or expanded standard visitation of the child or children of the suit, which typically means they would have possession every 1st, 3rd, and 5th weekend of the month from 6 pm Friday until 6 pm Sunday and every Thursday from 6-8 pm or if expanded standard than from the time the children get out of school that Friday until the following Monday morning and every Thursday after school and return them to school Friday morning. The courts may put into place child custody evaluations to assist in making this decision or may appoint what is called an amicus attorney (which is an attorney for the child) to assist or parenting facilitators to help the parties better co-parent and communicate with regard to the child or children. Moreover, the court may implement a tool called Our Family Wizard as a means of communication between the parties and may appoint counselors for the child or children and/or counselors also for the parents in the case if warranted. The court looks at many factors regarding custody, such as what is in the child’s or children’s best interests. The court will investigate the history of the children, which parent acted as the primary parent, who took them to school, to doctors or dentist appointments, etc. The court will also investigate any history of family violence and criminal record and drug or alcohol abuse by either of the parents.

The second factor in the divorce cases is the division of assets and debts and it is important to first have a knowledge of what is all involved in your marital estate. What is considered community property in the state of Texas versus what is separate property in the state of Texas. Community property is typically anything that is bought or earned (income) during the marriage, same as community debt. Separate property is anything owned or earned prior to the marriage and anything that has been given to the party by gift, devise or decent. Meaning if your husband gifted you a Gucci purse for your birthday, he cannot ask for it back in the divorce as it was a gift and therefore under Texas law, it is your separate property. If your husband’s great-great-grandmother passed away and left money solely for your husband than that would be your husbands separate property. Of course, there are exceptions for most everything in the law and that is where it is very important to speak with an attorney such as our firm to discuss the details and make sure that you are protected as best as possible. Please contact our office to get more information about divorce cases and your legal rights and how you can be best protected.

Addressing Child-Related Issues In Divorce

When children are involved, divorce requires careful consideration of custody and support. Texas courts prioritize the best interests of the child when determining custody arrangements. A parenting plan outlines custody arrangements, visitation schedules, and decision-making responsibilities. Child support is calculated based on Texas guidelines, considering each parent’s income and the needs of the child.

Spousal Support And Alimony In Texas

In some cases, one spouse may be entitled to spousal support or alimony. Eligibility for spousal support depends on factors such as the length of the marriage, each spouse’s earning capacity and their contributions to the marital estate.

Safety And Protection During Divorce

Protective or restraining orders may be necessary if safety is a concern during the divorce process. These orders can help protect a spouse and children from abuse or harassment.

Post-Divorce Considerations

Even after the divorce is finalized, certain issues may arise. If circumstances change, modifications to the divorce decree may be necessary. Spouses may also wish to change their names after the divorce is final.

Common Questions About Divorce In Texas

It’s natural to have questions about the divorce process. Here are answers to some common inquiries:

What are the residency requirements for filing for divorce in Texas?

To file for divorce in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for at least 90 days.

How long does the divorce process typically take?

The duration of the divorce process varies depending on factors such as whether the divorce is contested or uncontested and the complexity of the issues involved. Uncontested divorces can be finalized relatively quickly, sometimes within a few months. Contested divorces, however, can take significantly longer, potentially lasting a year or more.

How is property divided in a Texas divorce?

Texas is a community property state, meaning assets and debts acquired during the marriage are generally divided equally between spouses. Separate property, owned by one spouse before the marriage or acquired through inheritance or gift, is not subject to division.

Navigating Asset And Debt Division In Texas Divorce: Community vs. Separate Property

The second factor in divorce cases is the division of assets and debts, and it is important to first have a knowledge of what is involved in your marital estate. What is considered community property in the state of Texas versus what is separate property in the state of Texas. Community property is typically anything that is bought or earned (income) during the marriage, the same as community debt. Separate property is anything owned or earned prior to the marriage and anything that has been given to the party by gift, devise or descent. This means that if your husband gifted you a Gucci purse for your birthday, he cannot ask for it back in the divorce as it was a gift, and, therefore, under Texas law, it is your separate property. If your husband’s great-great-grandmother passed away and left money solely for your husband, then that would be your husband’s separate property. Of course, there are exceptions for almost everything in the law, and that is where it is very important to speak with a divorce attorney such as our firm to discuss the details and make sure that you are protected as best as possible. Please contact our Dallas divorce lawyers to get more information about divorce cases, your legal rights and how you can be best protected.

Work With A Team Committed To Your Success

When it comes to divorce, our Dallas divorce attorneys know that there are many attorneys and firms to choose from. However, not all of these firms offer the same level of personal service, commitment, knowledge and passion that we do. Call 214-432-2501 and set up a 30-minute consultation to find out how we can help. You can also reach out via our website contact form, and our Dallas-Fort Worth divorce lawyers will get in touch with you.

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