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Full-service divorce attorney

Compassionate Texas Divorce Lawyer Provides Guidance and Advice

Full-service family law firms in Lewisville, Flower Mound, and McKinney.

A divorce is more than the end of a marriage, it’s a very emotional and stressful event. At Ilarraza Law, P.C., we help ease the legal strain of divorce so you’re able to concentrate on the health and well-being of your family.

I understand the importance of protecting your rights and the rights of your children. This is why I take your individual needs into account as I seek the best possible results for you regarding:

Child custody
Child support
Visitation
Distribution of personal property (including bank accounts, stocks, and more)
Division of marital assets
Division of marital debts
Sale or possession of the marital home
Spousal support including temporary support

Family law mediator who encourages cooperation

As a family law divorce attorney, I understand the importance of mediation. Mediators give you and your spouse the opportunity to negotiate a divorce settlement in a more amicable setting by working with a trained facilitator.

In addition, the mediation process fosters cooperation between partners and produces less stress and hostility than you’d otherwise experience with litigation. Mediation is also a great tool when it comes to reducing the time and cost of divorce. Perhaps the best benefit of mediation is that it puts the decisions in your hands.

I can help you obtain the most equitable divorce settlement, a fair child support agreement, and a healthy child custody arrangement. All while providing you with quality legal advice customized to your unique divorce case.

Family law litigator by your side

Mediation is a great tool, but it doesn’t always work for everyone. Sometimes litigation is necessary to resolve your family’s disputes. Having a strong divorce attorney by your side can alleviate the uncertainty and stress of the arduous litigation process and help you obtain the most favorable trial outcome when divorcing. Through tactical trial strategies and a dynamic courtroom presence, I successfully represent clients throughout the litigation process.

If you’re considering filing for divorce or if you’re ready to move forward and file for divorce, then the divorce lawyers at Ilarraza Law are here to help. Divorces are difficult but our family law divorce team is here to help with your case. We’ll support you throughout the divorce experience with our knowledge, experience, and financial advice. Your best interest matters and quality legal representation will help protect those interests.

Texas Divorce Process

The State of Texas has a specific divorce process. It begins when one spouse files for divorce with the court using an Original Petition for Divorce. From this moment, this spouse becomes the petitioner, making the other spouse the respondent. The petitioning spouse is also able to request a temporary restraining order at this time.

Once filed, the respondent can either sign a waiver that gives up their right to be served with the petition, or they’ll otherwise be served.

Once both spouses have all of the information on the Original Petition for Divorce, negotiations begin. They can work through this process using attorneys and a mediator to avoid the expense of going to trial. If the divorcing couple can reach an agreement, then one of the attorneys will prepare the settlement agreement. A judge will review the agreement and sign off on it if they approve.

However, if the couple is not able to reach an agreement, then they will go to court. Here, the judge will decide on the issues on their behalf.

What are the grounds for filing for divorce in Texas?

In order to file for a Texas divorce, the petitioner needs to either file for a no-fault divorce or select the grounds for divorce. Options include:

Abandonment
Adultery
Cruelty
Mental Hospital Confinement for a Minimum of 1 Year
Felony Conviction or Incarceration for a Minimum of 1 Year

What Our Ilarraza Law Family Lawyers Can Do for You

The attorneys at the Ilarraza Law Firm are skilled in a number of family law cases. Our offices serve the residents of Lewisville, Flower Mound, McKinney, and Killeen, TX areas. Our goal is to help our clients resolve these important issues with our legal knowledge and strategies while offering guidance and legal advice along the way. Some of the cases we specialize in include:

Divorce – We understand the difficulties of divorce. Our attorneys are here to guide you through the legal aspects of divorce while you focus on the emotional side and healing. We’ve also worked with clients on adultery cases, no-fault divorces, and high-net-worth divorces.
Same-Sex Marriage/Divorce – Our attorneys protect the rights of same-sex couples throughout divorce proceedings and any other family law disputes.
Child Custody – We help clients create parenting schedules that work for all involved parties with a focus on what is in the children’s best interests.
Child Support – In cases where one parent is responsible for providing financial support for the child or children, we help ensure the receiving parent receives a fair amount to provide for the child.
Debt Division – We work with clients to come to a fair arrangement regarding marital debt.
Division of Marital Property – We focus on the amicable division of property through mediation when it comes to dividing assets.
Spousal Support – In cases where spousal support is warranted, we help work out what support is necessary and how much is appropriate.
Adoptions – We help many families through the complex process of adoption including filing the appropriate paperwork, setting up home visits, and negotiating litigation.
Annulments – Our legal team can help determine if you’re marriage is eligible for an annulment. If so, we work tirelessly to resolve your case quickly.
Domestic Violence & Protective Orders – We help clients who are victims of domestic violence. If you’re in immediate danger, please dial 9-1-1. If not, we can help you establish a safe environment for you and your children.
Enforcement of Court Orders – In cases where the other party refuses to abide by the court order, we can help seek enforcement of that court order.
Modifications – As life evolves, it changes. We can help you with modifications to account for changing life circumstances.
Paternity – We’ve helped many families establish the paternity of a child.
Prenuptial Agreements – Our staff is happy to help soon-to-be spouses create an agreement that addresses any problems that may arise in the event of a divorce or death.
Postnuptial Agreements – We also help recently married couples create an agreement to address any problems that may potentially arise in the event of a divorce or death.

What Post-Divorce Services do you offer?

Once your divorce is finalized, our attorneys can help you navigate post-judgment issues as well. It’s not uncommon for many people to find themselves in need of a lawyer after divorce. Here are several reasons why you may need a family law lawyer after a divorce:

Concerns related to changes in children’s expenses
Violations of parenting agreements
Violations of custody agreements
Violations of visitation agreements
Parenting issues when one parent moves out of the area or out of state
Changes in parenting plans due to changing needs of the child
Spousal support adjustments due to remarriage or income changes
Problems associated with property distribution

Whatever your needs, our experienced family law attorneys can help. Call us today for a consultation to discuss the specifics of your case.

Call Ilarraza Law today at (214) 646-3253 for an initial consultation with a lawyer for divorce, child custody, child support, or other family law matters.

Frequently Asked Questions

Are divorce attorney fees tax deductible?

Unfortunately, no. The IRS does not allow deductions for costs resulting from personal legal advice, including divorce and more.

Can my attorney represent both me and my spouse?

No. When you hire an attorney at law, then they and their staff are in an attorney-client relationship with you. This relationship is recognized by Texas law. The same attorney cannot have a client relationship with both you and your spouse in the event of a divorce.

This is because once you hire the attorney, they will devote their loyalty to helping you with your case and not your spouse. The same lawyer cannot represent both spouses because it would be a conflict of interest.

How do I find divorce attorneys in my area?

Ilarraza Law has offices in Lewisville, McKinney, Flower Mound, and Killeen. If you’re outside of these areas, then you search for family lawyers through recommendations from friends and family that have used a divorce attorney, through coworkers, or online. In addition, you can find lawyers that specialize in specific cases of divorce. For example:

Divorce attorneys for low income families
Divorce attorneys for veterans
Divorce attorneys for men
Divorce attorneys for women

At Ilarraza Law, we have experience and expertise in a variety of divorce cases and would love to discuss your unique case with you.

How much are divorce attorneys?

The average cost for a divorce attorney in Texas is an hourly rate between $130 and $415 per hour. Generally, this totals out to between $3,000 and $15,600 depending on the case. An uncontested divorce is generally less expensive.

Some Texas divorce mediation attorneys may offer fixed fee divorce options.

What are the grounds for a Texas divorce?

In the state of Texas, divorce laws state that you can file for a no fault divorce or you can choose to divorce on specific grounds. The grounds for a fault divorce include:

Abandonment
Adultery
Confinement to a mental hospital for at least one year
Conviction of a felony or long-term incarceration for at least one year
Cruel treatment

In addition, spouses can allege that they have lived apart as a separation for at least three years.

What is “confidentiality”?

Confidentiality is also commonly referred to as attorney-client privilege. This means that the attorney you hire cannot disclose any information between the two of you if it was meant to be confidential. For example, if you confide in your divorce lawyer that you had an affair, they cannot tell your spouse or your spouse’s lawyer and vice versa. This includes correspondence, documents between your attorney and their staff and you, telephone conversations, and conferences.

What is a separation agreement?

A separation agreement is very similar to a divorce agreement in the way that it covers child custody, child support, property division, and spousal maintenance. However, unlike a divorce, the couple remains legally married despite no longer living together.

There are a number of reasons why a couple may prefer to separate rather than divorce. However, there is no legal separation in the state of Texas. If you wish to separate in Texas without divorce, then you can enter into an informal separation with the understanding that you’re still married and the court will view any community property as belonging equally to both spouses.

What is the divorce process?

One spouse files an Original Petition for Divorce with the court. This spouse is known as the petitioner while the other spouse is the respondent. The respondent has the option of signing a waiver, giving up their right to be served with the divorce petition. If they choose not to then there are a few different ways they can be served. The petitioner can also request a Temporary Restraining Order at the time of filing.

Once the divorcing spouses have all relevant information for the divorce, they can discuss a divorce settlement or financial settlement with the help of their attorneys or a mediator. If they’re able to work everything out, then one of the attorneys will prepare an Agreed Decree of Divorce or divorce settlement agreement. A judge will then review the document and sign it if they approve the terms.

If the divorcing couple cannot reach an agreement, then they’ll begin courtroom divorce proceedings, and the judge will decide on the issues for the couple.

The divorce cannot be granted until at least 60 days have passed since the divorce petition has been filed.