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Dallas
Texas Divorce Attorney
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| Serving Dallas County - Collin County - Denton County |
Family Law Divorce Attorney - Dallas Texas
Uncontested Child Custody | Contested with Property Division
Contested with Child Custody Issues
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Divorce:
-Uncontested | Contested with Property Division | Contested with Child Custody Issues
-Contested with Family Violence Issues | Husband or wife out of state
Family Law and Divorce in Dallas
Divorce
Divorce is one aspect of family law where almost everyone needs a family law
attorney. Very few people ever “want” a divorce, although that’s often what is
said by one spouse to the other. Circumstances may make a person feel they have
little choice but to obtain a divorce if they want to change their life or the
lives of their children for the better. Consultation with a family law attorney
can help you decide whether or not divorce is the best decision for your family.
Divorce affects over half of American families, and the statistic may be higher
if you include the blended families which often exist because of a prior divorce
in subsequent relationships or marriages. Divorce is a family law reality that
must be faced when a relationship is no longer sustainable due to conflicts of
personalities, financial problems, marital fidelity issues, health and/or
substance abuse problems, or value differences between parents where children
are concerned. Mr. Casteel has handled divorces as an attorney in Dallas since
2002.
No-Fault Divorce
Until approximately thirty years ago, a spouse had to prove grounds for divorce,
or “fault.” Fault grounds in divorce cases were normally adultery, cruel
treatment, or abandonment. A significant amount of fraud occurred when two
people just wanted a divorce, but couldn’t obtain one unless they lied about a
fictitious affair or other circumstance, that legislatures around the country,
including Texas, passed “no-fault” divorce statutes. Essentially, if you ask for
a divorce, you will eventually get one. The petitioner (person who files) must
only plead that there is a conflict of personalities that destroys the
legitimate ends of the marriage relationship in order to obtain a divorce. Your
spouse cannot stop you from getting a divorce, but if there are children, or
there is significant marital property, long and costly disputes can slow down
the process.
Divorce Planning
It sounds strange, but it makes sense. Although many couples separate today long
before they file for divorce, they may reside together when the decision is
made, and they may need to plan before one spouse has the resources to set up
separate housekeeping, which could nearly double living expenses. This need is
even more important when children are involved, as the one parent’s new
residence could affect the school district the children attend (or force the
parents to incur tuition), carpools, daycare, and medical care needs of the
children. This type of planning with your family law attorney is a key element
of divorce strategy, and possibly a safety issue in certain divorces.
Community Property
You may have certain rights to any property (personal and/or real) that was
acquired during a marriage, but the facts of how the property came into the
marriage determine the exact extent of your rights. A consultation with an
attorney is necessary to discuss these rights. Contested property in a divorce
can make the divorce more expensive. This is one of the most important topics in
any divorce where the parties own a home, stocks or securities, have retirement
accounts, and/or many motor vehicles. Debts are also community property.
Child Custody
The most important issue in any divorce involving children is the care, custody,
and control of those children after the divorce is over, and what type of
contact the children will have with the parent with whom the children do not
primarily reside. Children are society’s greatest future resource, and this is
why the Texas Family Code uses the term “conservator” for the people who have
custodial and/or possessory rights to a child. Child custody, if disputed
between parents, is possibly the most difficult issues in many divorces. Child
support is almost always owed by the person who does not have primary
conservatorship to the person that does have primary conservatorship, but there
are exceptions. |
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Robert S. Casteel II |
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Dallas Attorney and Counselor At Law |
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14001 Dallas Pkwy., Ste. 1200
Dallas, Texas 75240
Phone: (972) 809-6702
Fax: (972) 934-6579 |
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"Not Certified by the Texas Board of Legal Specialization."
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Reproduction
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© Copyright 2006 Robert S Casteel Attorney and Counselor at Law. All Rights Reserved. |
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