Embarking on the first steps out of a marriage can be daunting. With every decision feeling overwhelming, the team at Albin Oldner Law in Frisco, TX, understands the complexity and emotional toll this process can take. Whether you’re contemplating divorce or ready to move forward, our divorce lawyers are here to guide you through every aspect of the process.
Our Frisco family lawyers are here to answer questions about the Texas divorce process and other family law cases. Call (214) 423-5100 to request your initial consultation. We proudly serve all of North Texas.
While you aren’t required to be represented by a Frisco divorce lawyer when filing for divorce, it’s the best way to ensure that your interests are protected and the divorce is fair. This is particularly important if you and your spouse cannot agree on the terms of your divorce or if your spouse has hired a family law attorney to represent them.
In Texas, the law provides for several types of divorce, reflecting the diverse circumstances and needs of couples seeking to dissolve their marriage. Understanding the differences between these types can help individuals navigate the process more effectively. Here is an in-depth look at the types of divorce available in Texas.
At Albin Oldner Law, our unique approach combines compassionate, personalized attention with expert legal guidance to ensure the best outcomes for your family. We are dedicated to innovation and uphold values that prioritize your well-being.
Here’s why Albin Oldner stands out among Frisco family law firms:
My divorce action was completed and finalized after nearly a year and half…. The uniquely bizarre aspects of the case that dealt more with personalities than marital property and non-existent assets, was handled by Albin Oldner Law, PLLC with genuine concern for my son & I. They navigated me through the tough times… For this I am grateful. Albin Oldner Law, PLLC maintained the highest level of professionalism and candor during the process and the results were very favorable.
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The divorce mediators at Albin Oldner Law, PLLC have been great to work with during a very difficult time. They always had great answers and saw things from a different perspective. Whenever I got rattled or down they always picked me up and with a great sense of humor. I can’t imagine going through my divorce without Albin Oldner Law, PLLC representing me.
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Recently, my divorce action was completed and finalized after nearly a year and half of personal hardship and much mental anguish. A partner of the firm expertly handled all aspects from the beginning when she was with another law firm and then after I moved over, with her to your firm. The uniquely bizarre aspects of the case that dealt more with personalities than martial property and non-existent assets, was handled with genuine concern for my son & I. Throughout the “troubled waters” I navigated through the tough times that dominated the entire process. For this I am grateful. She maintained the highest level of professionalism and candor during the process and the results were very favorable. There was no downside whatsoever. I thought you would like to know this. Congratulations on a job well done. Should I ever require the need for representation with any future actions, should they occur; I would not hesitate to call upon Albin Oldner.
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The law in Texas provides for several types of divorce, reflecting the diverse circumstances and needs of couples seeking to dissolve their marriage. Understanding the differences between these types can help individuals navigate the process more effectively. Here is an in-depth look at the types of divorce available in Texas.
Texas allows for no-fault divorces, meaning a spouse does not need to prove the other spouse did something wrong to get a divorce.
Instead, one can simply cite “insupportability” as the reason for the divorce, indicating that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
While no-fault divorces are common, Texas law allows for fault-based divorces. In a fault-based divorce, one spouse alleges and must prove that the other spouse’s misconduct led to the breakdown of the marriage. Grounds for a fault-based divorce include but are not limited to:
Fault-based divorces can impact the division of marital property and the awarding of spousal support. For instance, if one spouse is found to be at fault for the divorce, they may receive a smaller portion of the marital estate or be ordered to pay more in spousal support.
An uncontested divorce, also known as an agreed divorce, occurs when both spouses agree on all major issues, including property division, child custody, and spousal support. Uncontested divorces are generally quicker and less expensive than contested divorces since they require less court intervention and can often be finalized without a trial, but a Frisco uncontested divorce lawyer can still help.
A contested divorce happens when spouses cannot agree on one or more critical aspects of their divorce, such as asset division, child custody, or spousal support. Contested divorces typically require more extensive legal intervention, including negotiation, mediation, and possibly a trial, making them more time-consuming and costly. That’s why a Frisco contested divorce lawyer is necessary.
Collaborative divorce is a process where both spouses and their attorneys agree to resolve their divorce outside of court through negotiation and cooperative techniques. This method focuses on open communication and problem-solving to reach a mutually agreeable settlement. Collaborative divorces can be less adversarial and more private than traditional divorces.
A neutral third-party mediator helps the spouses negotiate and agree on divorce-related issues in a mediated divorce. While the mediator facilitates discussions and helps resolve disputes, they do not make decisions for the couple. Mediation can be a cost-effective way to resolve disagreements and can be used in uncontested and contested divorces.
Our Frisco divorce lawyers want our clients to achieve their goals throughout the divorce process in the least stressful, most cost-efficient manner possible.
Every situation is unique, and we often recommend the following.
Your Frisco divorce lawyer will negotiate directly with your spouse’s attorney on your behalf to attempt to reach a complete resolution and achieve the goals you desire.
In a collaborative divorce, both spouses retain separate lawyers whose only job is to help the parties settle their disputes. Both spouses work together in good faith to reach an agreement without using a mediator, judge, or jury.
Your Frisco divorce lawyer will represent you in negotiations using a third-party neutral specifically trained in family law conflict resolution. Mediation provides more privacy than the public courtroom, and there is no public record of the discussions during mediation.
When trial is the best option to get the desired results, we will aggressively fight for you. The Texas courtroom is often not the best option in a family law matter. However, when required, you deserve a team that knows how to navigate it.
Understanding the influence of prenuptial and postnuptial agreements on your divorce is crucial. These agreements can significantly impact asset division and spousal support. We can help interpret existing agreements or advocate for your interests without such agreements.
Life’s constant changes may necessitate modifications to your divorce decree. Whether it’s adjusting child support, custody arrangements, or spousal maintenance, we’re here to advocate for your needs and those of your children, ensuring the decree evolves as your life does.
Relocating with a child after divorce introduces a complex layer of legal considerations, significantly if the move impacts the current custody and visitation agreements. We’ll guide you through the legal requirements to ensure the move aligns with your child’s best interests while maintaining your parental rights.
Divorce involving military personnel entails unique challenges and legal considerations. Matters such as division of military pensions, compliance with the Servicemembers Civil Relief Act, and handling custody in the context of deployments are pivotal. Our team is well-versed in addressing these specific issues, ensuring that both the servicemember’s and spouse’s rights are protected under Texas and federal law.
Navigating a high-conflict divorce demands a strategy that protects your emotional and physical well-being. Our approach combines assertive legal representation with compassionate support, ensuring you and your children are shielded from unnecessary stress and conflict.
Same-sex couples face unique challenges in divorce, particularly with child custody and marital property issues. Our firm is committed to providing knowledgeable support and advocacy, ensuring your rights are protected and respected throughout the divorce process.
Deciding who stays in the marital home during and after a divorce can be emotionally charged. Texas law seeks equitable division, but the specifics can vary widely based on your circumstances. We’ll help you understand your rights, negotiate on your behalf, and ensure the outcome respects your and your children’s needs and well-being.
Retirement savings are often among the most significant assets divided during a divorce. The division process respects Texas’s community property laws, yet it’s crucial to approach this with a clear strategy. Whether through QDROs or negotiated agreements, we aim to protect your financial future post-divorce.
Acknowledging the emotional toll of divorce, we advocate for a process that supports your mental and emotional well-being. We recommend professional counseling and support groups to provide a holistic approach to divorce that considers your overall health.
Our firm handles your journey through divorce with utmost care and professionalism. Your Frisco divorce lawyer will provide the compassionate, comprehensive support you need every step of the way. To discuss these aspects further and explore how we can assist you, please don’t hesitate to schedule a consultation. Your well-being is our priority; together, we can navigate the path to a new beginning. Our team will work hand-in-hand with experts to properly address the specific issues at hand.
How long your divorce will take to resolve depends primarily on whether you are filing a contested or uncontested divorce. If you and your spouse cannot agree on the terms of your divorce, the process will take much longer as your family law lawyers negotiate the terms and the judge rules on your divorce settlement.
If you are going to file for divorce in Texas, you must have resided in Texas for a minimum of 6 months leading up to your divorce and have been living in the county in which you are filing for at least 90 days.
State law allows “nonresident” spouses to file for divorce in Texas as long as their spouse has lived in Texas for at least the last six months.
In some Texas divorce cases, each spouse pays their divorce attorneys. In other divorce cases, one spouse must pay all or part of their ex’s attorney fees. The family law judge in Texas decides who pays divorce lawyer fees on a case-by-case basis.
In some situations, a judge may require you and your spouse to undergo mediation, especially if your divorce involves children. Consider it if the court does not require you to go through mediation. Mediation allows both parties to discuss their disagreements about the divorce with an impartial third party (or mediator) who can then help them come to an amicable agreement and thereby spare both parties from having to undergo a lengthy court proceeding.
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