Practice Areas

We are dedicated in helping our clients understand the complex texture of the law. We believe in helping our clients protect themselves and their families’ interest and safeguarding the future of their children through hard work and ongoing communication. In order to do that, we provide representation to clients in the areas listed to the right.

Divorce

You can file for divorce in Texas if you have made it your permanent residence (domicile) for a period of six (6) months. You must file for divorce in the county where you or your spouse has resided for at least ninety (90) days. Most divorces are granted based on incompatibility (i.e. the parties have a conflict of personalities that destroys the legitimate ends of the marriage relationship and there is no reasonable expectation of reconciliation.) It is possible to have a divorce granted for “fault” such as adultery or cruelty, but this is not common. If there are minor children, then the court must rule on the issues of custody, visitation and support of the children in the divorce, If the wife is pregnant at the time the divorce is filed, most judges will not grant the divorce until the child is born.

As part of the divorce, the court must divide the property of the marriage. Texas is a “community property” state and all property obtained during the marriage is presumed to be community and is equally the property of both spouses. Normally, community property is divided so that each party receives an equal value of the property. Needless to say, there are exceptions and some property is considered separate property (the property of one spouse) and there are rules for reimbursement and equitable interests in property. Property issues are complex and should be discussed with your attorney.

If you are looking for an affordable and experienced family law attorney / lawyer for your family needs, we are well-prepared to help you. Call us at 972-682-7711, or email dwills@billinghamlaw.com to schedule an appointment with the attorney.