Boyd-Veigel

Brandon Young Bell


Contact Brandon Young Bell for a Consultation
Phone: (972) 668-1462
For Inquires Call To Schedule an Appointment

Address: P.O. Box 6372, McKinney, Texas 75071

Divorce

Divorce is an unfortunate reality in the United States. The break up of a marriage can be one of the most traumatic experiences in a person’s life. It is especially painful where children are involved. Emotions often run high and harsh words will often spiral out of control. When intellect is giving way to emotions, the best advice that can be given is this:

Consider how your words and actions will appear when displayed in front of a judge or jury. Not to mention if your friends or family members will be present when and if you go to trial during a divorce suit. Some of the most destructive devices that divorce attorneys use in trial are emails, voice messages and text messages between quarreling spouses.


Divorce will, of course, end the marriage between spouses and allow the parties to marry another person. The most common issues during divorce are:

DIVISION OF PROPERTY   CUSTODY   VISITATION   CHILD SUPPORT   SPOUSAL SUPPORT

For a better understanding of what a divorce means, it is helpful to review the legal process of obtaining a divorce.

Grounds

Prior to the introduction of “no-fault” divorce based on the ground of insupportability in 1969, other grounds for divorce were required. Today however, divorce can be granted if the “marriage has become insupportable because of discord or conflict of personalities that destroy the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.” Family Code 6.001.

Where to File

Two part test:

1. To file for divorce in Texas, one of the parties (the person filing or the other spouse) must have established a home in Texas for at least six-months prior to the filing of the divorce suit.


2. One of the parties must have resided in the county in which the suit is filed for at least 90 days prior to the filing of the divorce suit.


Where children, and sometimes other issues are involved, special considerations must be taken into account when deciding where to file suit.

Pleadings

A divorce suit is initiated through a Petition for divorce. A spouse deciding to file for divorce should seek counsel from a competent lawyer familiar with family law and familiar with the local rules of the county in which the Petition will be filed. The divorce case will be randomly assigned to a Court if more than one Court having jurisdiction to handle divorce cases exist in the appropriate county. Often, quarreling spouses believe that the first spouse to file a petition for divorce will gain an advantage throughout the litigation. The spouse filing the original petition will be given the opportunity to present their case first. However, other factors will be much more important than who files first. Among these more important factors is the skill level of the attorneys representing the parties, the Court the suit is assigned to, and the specific facts of the case. If you are served with a Petition for divorce (or any lawsuit), you should seek the advice of an attorney immediately. The deadline for an answer to be filed is quickly approaching once you are served with a petition.

The original petition sets the divorce in motion, and the non-filing spouse should respond in order to protect his or her legal rights. A divorce will dissolve the marriage, resolve issues concerning both separate and community property, and possible deal with a number of other issues. If the divorcing couple has children, the divorce will also likely include a suit to determine custody, child support, and other child related issues. The best interest of the child will be the standard used by the Court to determine the issues involving the child or children.

Brandon Young Bell

Areas of Practice
  • Family Law