Divorce

Divorce is never an easy decision, but sometimes it’s the right decision. At Hammerle Finley Law Firm, our attorneys have helped clients for more than 35 years handle the intricacies of divorce.

Whether it’s a complex property case that involves millions of dollars in assets, a case over the custody of children, or even formalization of a separation agreement, our attorneys have the experience and compassion to help you through this taxing process.

Our Philosophy. Where possible, our attorneys work to resolve a divorce in an amicable and quick fashion. When the other side is being unreasonable or engaging in gamesmanship, however, then we will fire back. We believe our clients need an aggressive divorce attorney who knows how to protect their client’s interests. If children are involved, you will need an attorney who will fight for their rights also, and do the best possible job to minimize the adverse impacts of the divorce.

Our Experience. Hammerle Finley Law Firm has practiced Divorce Law in Texas for more than four decades.

Our Advantage. There are different specialties in law. We are not simply a divorce boutique firm – our clients require more expertise than that. Our firm has experienced attorneys with decades of experience in wills & trusts, estate planning, business litigation, business law, real estate, guardianship, criminal defense and civil litigation. Because your life isn’t simple, your legal needs aren’t either.

Different Venues. Our attorneys have handled divorce cases in family-law specialized courts and general jurisdiction courts through-out Texas, and especially in Denton, Collin, Tarrant, Dallas and Harris Counties. We’ve mediated divorces and handled post-divorce matters such as enforcement, modification and clarification. We often serve as local co-counsel for other law firms in divorce cases. In addition to litigation, we have mediated divorces and handled post-divorce matters such as enforcement, modification and clarification. We often serve as local co-counsel for other law firms in divorce cases.

Cost. Some Texas divorces are simple and require nothing more than the right paperwork and a brief court appearance. For those, we can quote a set fee. Some Texas divorces are adversarial and contentious from the start. For those, we talk frankly with our clients about the cost and give them options to stay within a budget.

Family Law matters involve the following:  Divorce, Child Custody, Child Support, Modification Actions, Enforcement Actions, & Grandparents’ Rights.  These are all issues that are very personal and important to you, and in turn are important to us. 

At Hammerle Finley Law Firm, we’ve handled family law cases for over 35 years.  Our lawyers are here to help you explore an amicable resolution where possible, and to aggressively represent you in court where necessary.

We have the additional benefit of having attorneys experienced in business law, real estate, trusts, and elder law.  Because not every case in just about dividing a family unit – sometimes it includes handling complex issues with a family-owned business, real property, mineral interests and trusts.  And isn’t it nice to be able to bring an attorney with that experience into the mix at the right time?

What can I Expect?

Divorce:

First, it is important to remember that not one divorce is exactly the same.  Your attorney will guide you through the process.  It is important to listen, ask questions and follow their advice.

Before you can even begin a divorce proceeding, you must meet the residency requirement.  In Texas,   one of the spouses must have been a resident of the state for at least six months and a resident of the county in which the divorce is to be filled for at least three months. 

Texas will recognize divorces based on either fault or no-fault grounds.  The grounds for a no-fault divorce in Texas include insupportability (otherwise known as irreconcilable differences) or living apart without co-habilitation for at least three years. Potential fault grounds include cruelty, adultery, felony conviction, abandonment, and confinement in a mental hospital.

A lot of what transpires during a divorce will depend on if it is contested or uncontested.  A matter is considered uncontested if the parties agree to all terms of the divorce such as division or property, child support, child custody, etc. 

Uncontested Divorce

A divorce matter begins with a filing of an Original Petition for Divorce.  The person filing the Petition, is the Petitioner and the other party will be the Respondent. 

Once the Petition is on file, the respondent can file a waiver of appearance. 

The next step will be the drafting and signing of the Agreed Divorce Decree.  After that, you just have to wait.  Texas requires that a Divorce cannot be finalized until 60 days have passed since the Petition for Divorce was filed. 

Once that 60-day waiting period is over, you will attend a very short hearing.  During this hearing, you will be asked very simple questions, which your attorney will prepare you for.  Upon conclusion of the hearing, the Court will grant your divorce. 

If your matter includes child support, you may have to enter a Wage Withholding Order. 

It is important to note, that even simple divorces do take some time and resources.  So remember…be patient and listen to the advice of your attorney.

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Hammerle Finley Law Firm has represented clients for more than 35 years inside and outside the courtroom. We provide effective, strategic, and cost-effective legal counsel so that our clients can focus on what matters most to them.

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