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John C. Mallios is experienced in providing high-quality representation in both simple and complex divorce proceedings. Our attorneys and staff understand that a divorce can be a difficult process, both emotionally and financially, for all members of your family. John C. Mallios is confident that we can assist you in creating and implementing a solution that can be beneficial for all parties involved in your divorce.
A Texas divorce is initiated by one party to a marriage filing an Original Petition for Divorce in the county in which that party has resided for at least 90 days preceding the date of filing a petition for divorce. In addition, a party that files a divorce in Texas must also have been domiciled in the State of Texas for the preceding six month period prior to the date of filing a petition for divorce. Generally, there is a 60 day waiting period before a divorce can be made final. Some divorces are uncontested, and can result in an agreement between the parties resulting in a timely resolution. However, given the very nature of a divorce, many divorces are contested and can involve complex legal theories and take ample time to finalize.
Dividing the marital property can be a highly contested element of a divorce. It is important to hire an attorney who understands the community property laws in Texas and identify what property is community and what property is separate. High-net worth individuals should make sure their attorney is well versed in valuing assets such as closely held corporations, minerals rights, pension plans and real property.
Clearly, for most couples, an uncontested divorce is a much better option, rather than fighting between the parties, both emotionally and financially. However, even though neither party is disagreeing as to how things should be divided or handled, this does not mean that you should not be without legal representation or legal counsel. If you have an uncontested divorce, the divorce attorneys at John C. Mallios will review your agreement, your family situation and your assets and debts and we will make sure that your interests are protected, not only as to settlement made and we will ensure that the final Decree or Order entered is drafted and./or was prepared correctly. The attorneys at John C. Mallios, will draft and file with the court all of the appropriate documents in keeping with your settlement and they will make sure that the divorce process goes as quickly and as smoothly as possible, so that you both can get on with your live
Unfortunately, when a marriage is ending and the divorce is either not welcomed by one of the parties or there are issues to be resolved regarding disputes over your community property and debts and/or your children, there will be many hurdles to overcome during the divorce process and before a settlement of your marital issues can be reached and the parties can move forward. These differences can be significant and can include disagreements over parenting time with your children, child support, legal decision- making regarding the children and division of eligible property and debts. In each of these areas of the law, there are specific requirements to determining how division is obtained; how child support is determined and who will pay it; as to whether spousal maintenance is available or not; and as to what qualifies as community property or your community estate. As an experienced divorce law firm, the attorneys at John C. Mallios, know the law and they stay up-to-date on changes in the law so that your rights will be protected each step of the way.