Cleburne Divorce Attorneys

Understanding the Divorce Process 

District courts have original jurisdiction over divorce cases. The process generally includes the following:

1. Meet residency requirement. One or both spouses must meet the state’s residency requirement, which requires a minimum six-month residency in the state and a 90-day residency in the county.
2. File a petition. Next, the petitioning spouse must visit the Johnson County District Court to file an Original Petition for Divorce. The Clerk’s Office is located in the Guinn Justice Center at 204 S. Buffalo Ave in Cleburne. 
3. Complete service of process. The respondent spouse must be formally served with the divorce papers by a constable, sheriff, or private process server. If both parties are cooperating, the responding spouse may sign a Waiver of Service in front of a notary. 
4. Official response. Once served, the respondent spouse has a limited window to file a formal response (typically around 20 days). If they fail to file an answer, the case may proceed as a default judgment against them.
5. Establish temporary orders. Because a divorce can take months to finalize, the court may issue temporary orders while the case is pending. These orders can dictate who stays in the family home, how bills are paid, and what temporary child custody schedules look like. 
6. Engage in discovery and mediation. Both sides must exchange transparent financial information, including bank statements, property valuations, and debt records. Couples may also be required to attend mediation, which can help resolve issues without the added stress and cost of a public trial.
7. Finalize the divorce decree. Divorce cases are subject to a mandatory 60-day waiting period from the date the initial petition was filed. If an agreement is reached, the judge will sign the Final Decree of Divorce. Otherwise, the case may proceed to trial, where a judge will issue a final decision in court.

How Long Does the Divorce Process Take?

Various factors may impact the duration of divorce proceedings, including the type of divorce, the level of contention among spouses, and whether the divorce involves substantial assets or minor children. Uncontested divorces may be finalized in a few months, while contested divorces can take up to a full year or longer. 

Texas also has a mandatory “cooling-off” waiting period of 60 days, so most divorces cannot be finalized before this timeframe is complete. Some key exceptions may apply in cases involving family violence or active protective orders (Tex. Fam. Code § 6.702).

How We Protect Your Assets During a Divorce 

Dividing marital property can be tricky, especially for wealthy couples and high-net-worth individuals. Our attorneys have a deep understanding of community property laws to safeguard your hard-earned assets. Our strategic approach includes: 

Tracing Separate Property 

State law presumes all property acquired during a marriage belongs to both spouses. We can meticulously trace the origins of separate property and build a clear evidentiary trail to preserve your wealth and legacy.

Obtaining Accurate Valuations

If you own a local ranch or business, a divorce can threaten its daily operations and overall value. We collaborate with financial appraisers and other experts to establish a fair market value and protect your livelihood. 

Uncovering Hidden Assets 

Some spouses may underreport income or attempt to conceal funds in undisclosed accounts. We focus on aggressive discovery tactics and partner with forensic accountants when needed to locate every dollar that belongs to the marital estate.

Safeguarding Retirement Accounts 

Dividing complex retirement assets like pensions, 401(k)s, and stock portfolios requires precise legal maneuvering to avoid tax penalties. We carefully draft QDROs and negotiate investment divisions that protect your long-term financial security. 

Strategically Allocating Debt 

Our attorneys can scrutinize the marital estate to identify individual debts, such as hidden credit card balances or personal loans, and advocate for a just distribution that shields your credit score from financial liabilities created by your spouse. 

Who Receives Custody of Minor Children During a Divorce?

For spouses with children, child custody is often one of the most stressful parts of divorce. If spouses cannot reach an agreement on their own or through mediation, a judge will decide for you. Family courts are obligated to prioritize the child’s best interests during custody decisions. 

The court may consider a variety of factors to determine a fair arrangement, such as: 

• The child’s current routine
• Each parent’s ability to co-parent effectively
• The emotional and physical needs of the child
• Each parent’s ability to provide a safe environment
• Any history of domestic violence, substance abuse, or neglect

We can protect your parental rights, advocate for a workable custody arrangement, and present a compelling case that reflects your involvement in your child’s life. 

Why Choose Our Divorce Lawyers?

Preparing for a divorce can feel intimidating, but you don’t have to face it alone. Since 1973, our firm has provided personalized guidance and unwavering support to couples and families. With thousands of cases handled and over 50 years of experience, our divorce lawyers are well-equipped to guide your legal steps with care and precision at each stage of the divorce process. Reach out today to learn how we can help you create a happier future.