Southlake Family Law Attorney

There is a minimum statutory requirement of at least 60 days from the date of filing; however, divorces are rarely finalized in that period of time. If the case goes to trial, it may take two years or more. The actual time required depends upon many factors, including but not limited to:

• What issues are contested, and how contested are those issues
• The amount of debt and property to be divided
• The level of “discovery” or research that is required
• Whether or not minor children are involved
• The level of cooperation with your attorney
• The schedules of the court and the attorneys

Thus, the time involved in getting a divorce depends on all of the circumstances and every case is different. If you and your spouse agree on most of the aspects of your separation, such as child custody and property division, your divorce may proceed quickly. However, if you and your spouse have a contentious relationship or disagree on matters like property division, child custody, possession orders, and child support, it can take much longer, possibly even over a year. The Law Office of Dana L. White appreciates and recognizes that you want to resolve your divorce quickly, and we diligently work and represent on your behalf to ensure a timely and efficient process in conformance with the quality of our representation.

Texas law distinguishes between community property and separate property:

• Community Property – All property, other than separate property, acquired by either spouse during the marriage.
• Separate Property – Property that was owned prior to marriage; property received during the marriage by gift or inheritance; and property obtained via recovery for personal injuries, except for the loss of income during the marriage.

Yes, if circumstances have changed in a material and substantial way, you may request modifications to your custody order. Typically, this is done in the same court that issued the original order. You will also have to prove that the change you seek is in the child’s best interest. Our team of lawyers at the Law Office of Dana L. White can assist you with building a convincing case that will show your need for a modification.

The orders that were created during your divorce proceedings are legally binding and must be followed. If your ex-partner is in violation of the court order and is failing to uphold their end of the agreement, you can take legal action to hold them accountable. The Law Office of Dana L. White is here to assist you in your efforts to enforce orders of the court.

Some common reasons why our clients choose a Will with a Living Trust:

• If a person owns real property in another state, having a Living Trust will avoid the necessity for two probate proceedings, one in each state, which makes a Living Trust more desirable than a Will.
• A Living Trust provides a significant lifetime advantage if a person becomes incapacitated. With a Living Trust, the trust assets will continue to be managed for the person’s benefit by the successor trustee without the necessity for a court-supervised guardianship proceeding.
• Another advantage of a Living Trust over a Will is that once assets are transferred into the trust, they will be controlled by and eventually distributed as specified in the trust agreement. A Will, on the other hand, only controls the disposition of assets that become part of the court-supervised probate proceeding.
• Many types of assets pass automatically at the owner’s death outside of the probate process, including property held in joint tenancy or pay-on-death form, life insurance, and retirement accounts. These types of assets pass to a designated beneficiary regardless of what the owner’s Will may say. So, the estate plan contained in a person’s Will can easily and inadvertently be defeated by forms of title that avoid probate. This problem is minimized with a Living Trust where title to assets is held by the trust, or the trust is named as the designated beneficiary.
• Privacy is another advantage of having a Living Trust. With a Will and a court-supervised probate proceeding, an inventory of a decedent’s estate becomes a matter of public record. A Living Trust, on the other hand, is privately managed and not subject to public scrutiny.