Divorce Attorney in Temple Creating a Collaborative Space for Resolution-Focused Divorces

Divorce is difficult, painful, and scary. Staying in an unhappy marriage for the wrong reasons as an alternative isn’t healthy for you or your children. Sometimes even the most challenging decisions are worth it in the long run, as hard as they may be. Following through with a divorce, feeling guilty about your children, loneliness, and hopelessness regarding the future are some of the most challenging aspects of divorce.

Knowing the hardship divorce is, exclusively speaking about the process itself, our law firm can help you get through this stage and start a new chapter on the other side. Barina Law Group and our family law attorneys help couples, and families, focus on what matters: favorable resolutions that are in the best interest of their children and themselves.

We aim to create a collaborative, open space to promote mutually beneficial decision-making. However, we also intervene with mediation and other techniques if one spouse is holding up the process or challenging any decisions.

We try to help both couples avoid unnecessary legal and court fees due to disputes and conflicts that typically lead to a contested divorce. Our attorneys are here for every type of divorce, from uncontested and contested, to help you dissolve your marriage and move on with your life.

For family law cases such as divorce, child support, alimony, child custody, and other related matters, count on Barina Law Group and our experienced family law firm.

What are the Grounds for Divorce?

If you have tried saving your relationship and it’s beyond saving, divorce might be your last resort when all else fails. A divorce may be granted in Texas when one or more fault grounds or no-fault grounds align with the Texas Family Code.

In a fault divorce, a spouse can list why they choose to end the relationship as part of the filing process.

Depending on the circumstances, there is a strategy behind citing fault in a divorce. A spouse might mention another spouse’s unfaithfulness, violent behavior, or gambling or drug addiction in the hopes a judge will award them spousal maintenance or child custody, as two examples.

From our experience, using fault grounds in a divorce petition will likely result in a contested divorce rather than an uncontested divorce. Most spouses that disagree with divorce or the reasons for fault in the relationship, or that challenge the decisions, will create conflict and hang-ups. Negotiations will likely be complex, too, regarding essential decisions such as child support, alimony, or visitation.

We try to set expectations for some of the unknowns and unanticipated challenges in divorce best we can, especially as many spouses have no idea what to expect. In contrast, others fear the process knowing both individuals don’t agree on much of anything. We try to make your life easier by handling communication and mediating, when necessary, to avoid unnecessary conflict or drama.

What if My Spouse Wants a Divorce, but I Don’t?

People get divorced for many reasons, not always by choice or because it feels right. Too many individuals stay trapped, thinking both parties must agree first, or in unfortunate situations like domestic abuse, one spouse might be fearful of the consequences. There are always underlying circumstances that we are sensitive to.

Both parties must go through the divorce process to officially dissolve the marriage, though only one party needs to step forward and file to get the process started. Even in the most delicate of situations, contact our divorce lawyers for an initial consultation so that we can help guide your steps to avoid any issues at home.

Years ago, Texas only granted divorces to couples when specific grounds could be proven, such as adultery, cruelty, mental instability, and more. Fault divorces are no longer the only way. A spouse can file for divorce if they no longer love you or can’t live with you.

There is a world where you can file for divorce if you are unhappy, even if your spouse disagrees or doesn’t want to get divorced. The hardest part is communicating the decision; if you cannot share this information, you can find ways to work around the obstacles with our legal advice at Barina Law Group.

If you believe that divorce is the logical next step for you and your marriage, call our law offices and book an initial consultation to speak with our experienced divorce lawyers. Contact us at (254) 523-4446.

Is an Uncontested Divorce Possible?

An uncontested divorce is one of the quickest ways to end a marriage legally when both spouses agree on fault or no-fault grounds. Texas requires a 60-day waiting period after filing a petition to divorce. To have an uncontested divorce, both spouses must agree on all decisions related to the divorce upfront, including:

• Property division
• Marital asset division
• Child support
• A preferred child custody arrangement
• Visitation schedules
• Spousal support
• Family business division

Once the waiting period is over, and both spouses have agreed on all important matters, a divorce can be granted in as little as 60 days. Typically, uncontested divorce proceedings take at least 120 days to finalize. Compared with contested or contentious divorces, it could take six months to more than a year to get divorced.

The most commonly used no-fault reason for divorce in Texas is that the marriage has become insupportable because of conflict or a clash of personalities. It’s unlikely you and your spouse will have an uncontested divorce if either party cites fault grounds for the breakup.

The more two people agree at the beginning, including the reason for divorce, the faster and easier the divorce process will be for both couples. For legal help with an uncontested divorce or mediation and legal intervention to speed up a contested divorce, contact Barina Law Group today: (254) 523-4446.

How Does a Judge Divide Our Property?

Judges use discretion when awarding property and assets in a divorce. According to the Texas Family Code, the court shall order the division of the parties’ estate in a manner that the court deems as right and having due regard for the rights of each party and any children in the marriage. This is also known as the Just and Right Equitable Division.

Equitable is often mistaken for an even split or right down the middle, though this is not true in Texas. It means what the judge believes is fair, based on a variety of factors, including:

• Both spouse’s contributions to the marriage, financial and otherwise
• How much money both of you are capable of making
• Level of education
• Any financial disparities, training, or skills
• Health and age
• Who is the primary custodian of the children
• Future support
• Any fault in the breakup of the marriage
• Condition of personal finances
• Property division

Because of Texas’ approach to marriage, property division, and the equitable division of assets, it’s important to have an attorney who advocates for you and keeps your best interest in mind, especially when you need a strong voice and protection from potential unfavorable decisions. Don’t let important negotiations slip, and let our attorneys fight for you. Schedule an initial consultation with Barina Law Group to discuss your divorce case: (254) 523-4446.