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Dallas Office

16475 Dallas Parkway, Suite 400
Addison, Texas 75001-6837
972-931-9901
972-931-9208 fax
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Houston Office

4900 Woodway Drive, Suite 1225
Houston, TX 77056
713-621-8665
713-802-1471 fax
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Family Law

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Frequently Asked Questions about Texas Divorce

Q: What is a legal divorce?

A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce will give each party the legal right to marry someone else, to divide and share marital assets and debts, and to determine matters related to the care and custody of their children. In Texas, divorces are either fault-based or no fault.

Q: What is a no fault divorce?

A: Traditionally, divorce was granted only in cases of marital misconduct such as adultery or physical abuse. In these cases, the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. In Texas, married couples can get no fault divorces if the marriage has become "insupportable" because conflict has destroyed the legitimate ends of the relationship. No fault divorces can also be granted if a couple has been living separately without cohabitation for three years.

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Two-thirds to three-quarters of divorces are initiated by women.


Family Law Divorce Lawyers, Dallas Texas

At Geary, Porter & Donovan, P.C., our family law section handles all legal matters related to divorce, including property valuation and division, child custody and visitation, child and spousal support, and grandparents' rights. We also assist our clients with post-divorce modification proceedings, premarital and post-marital agreements, partition agreements, and conversion agreements.

Michael Geary, Larry Martin and Julia Henry are board certified by the Texas Board of Legal Specialization in the area of family law. Our family law section is particularly skillful in issues related to the community property system including the characterization and tracing of assets, valuation of property and executive compensation plans, asset identification, and reimbursement and economic contribution claims.

We have the experience and the resources to handle high-profile and high-stakes cases, and to bring excellent results on our clients' behalf.

The Family Law Section receives assistance and guidance from the firm's other practice sections so that the total needs of our clients can be met quickly and efficiently when dealing with issues involving real estate; wills, trusts and estate planning; and corporate, partnership and tax law.

If you are contemplating divorce, or if your spouse has filed for divorce, you need the experience and strong advocacy that our divorce lawyers offer. We invite you to read the wealth of information on this page, and then contact us with your questions.

Texas Divorce - An Overview

Contemplating divorce is always difficult. Involving a knowledgeable Texas family law attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health.

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Division of Property in Texas

When there is little or no marital property, no children, no issues of spousal maintenance, amicable spouses can usually obtain a quick divorce by making a divorce agreement and having a judge approve it. Most divorces, however, are quite different and far more complex. The typical Texas divorce involves a union of many years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division.

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Questions to Ask During Divorce

Considering whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the question from a rational perspective rather than solely an emotional one. In many ways, it is a business decision that requires you to evaluate many issues. Once you review this list of questions, you may rethink the direction you are headed, or you will be better prepared to move forward while working with your attorney.

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How to Move On

Recovering from a divorce is similar to the grieving process one experiences when a loved one dies. There are five stages in the process: shock and denial, anger, ambivalence, depression, and recovery. Many people expect to work through these stages one after the other, but that isn't usually how it happens. You can expect to move in and out of each phase over time and sometimes experience more than one phase at the same time. It is a difficult process and time consuming. Family counselors advise it may take as long as two years to fully recover.

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An Amicable Divorce

Divorce is one of the most emotional experiences a person will ever face. The decision to end a marriage is not an easy one and it is often accompanied with anger, fear, and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the final outcome of settlement negotiations. Most important, if children are involved, they will generally suffer. It is in your best interest to approach divorce from an amicable perspective. This will allow you to put on your business hat, which is critical for reaching a successful settlement. It will also allow you to put on your effective parent hat, which is critical for helping your children through this difficult process.

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