Seeking a Divorce in Collin, Dallas & Denton Counties
There are a number of reasons why a marriage may end in divorce. Regardless of the reason, if a decision has been reached for you and your spouse will no longer live together, you should consult with a family law attorney to discuss what legal rights you have to protect yourself and your children and to explore what options are available to you when going through a divorce.
The Law Office of Alma R. Benavides is a dedicated family law firm that educates clients about the legal process from the beginning to the end including: filing an Original Petition for Divorce, obtaining temporary relief, determining what is community property and what is separate property, identifying the value of assets and liabilities, mediating and finalizing your divorce. Not only does attorney Alma R. Benavides educate clients about the divorce process so they can make informed decisions for their families but she protects her client's legal rights in the court room or through out-of court alternatives including collaborative law or mediation.
Instead of leaving clients on the sidelines, we welcome client participation. We believe the more committed a client is to their case, the more understanding they will have about their legal rights, protecting their legal interests and reaching a reasonable settlement.
We focus on obtaining fair resolutions for your divorce. Attorney Alma R. Benavides will work closely with you to determine your goals in a divorce without children or a divorce with children and making sure child support is established and child custody issues are resolved. Working together and being fully informed can build a strong case that will protect your future and your best interests.
Contact the Law Office of Alma R. Benavides if you have any questions about filing for divorce. We can help you today.
Helping You Answer All of Your Divorce Questions
Alma R. Benavides has been assisting clients with their divorce and the related issues that arise when filing for divorce.
Some of the areas include:
- Child custody — determining a possession and access schedule for the children in their best interest, while maintaining contact with both parents
- Child support - determining guideline support and whether circumstances warrant above guideline support
- Property characterization - establishing what property is community or separate
- Property division - reaching a fair and equitable division of the community estate
- Spousal support (also known as spousal maintenance or alimony) - what factors are considered in determining maintenance and how long will it last
- Collaborative law process - husband and wife are each represented by attorneys trained in interest-based collaborative negotiation, focusing on communication and collaborative advocacy
Our firm is aggressive in protecting your interests and obtaining positive resolutions for you. We work hard to protect your parental and spousal rights, whether we are litigating, mediating or in collaborative law. Our primary goal is to protect our clients' rights while keeping our clients informed throughout the process.
What is the Process for Divorce?
Prior to filing for divorce, one spouse must be a domiciliary of the State of Texas for the preceding six month period and a resident of the county in which the suit is filed for the preceding ninety-day period.
An Original Petition for Divorce is filed which will allege the grounds for divorce. Most divorces are granted on the basis that the marriage has become insupportable due to discord and conflict of personalities which has destroyed the marriage. However, occasionally, some divorces are based on grounds of fault which include:
- Adultery
- Cruelty
- Felony Conviction
- Abandonment
- Living Apart
- Confinement in a Mental Hospital
Each divorce petition is prepared based on the circumstances and needs of the client. Discussions will take place to determine what is in the best interest of the children and how property will be divided.
Occasionally, Temporary Orders are necessary based on the circumstances of the client. In some cases, a restraining order may need to be obtained while in other cases, if there is domestic violence, a protective order may be required. Provisions for child custody, support, possession of and access to the children may need to be addressed, including whether temporary spousal support will be paid, who will stay in the marital home during the pendency of the divorce and who will pay for certain debts.
The divorce process can take several months, and in some cases, longer. Having an understanding of the process of divorce is imperative when going through this emotional and financial time.
Contact a Texas Lawyer Dedicated to Your Case
To schedule an initial consultation at the Law Office of Alma R. Benavides, contact our office today by calling 972-578-2600 (locally) or 866-959-3826 (toll free). We are committed to helping you achieve your legal goals.
