Flower Mound Divorce Lawyers


When you need legal guidance ending your marriage in Flower Mound, TX, it is important that you find the right lawyer for the job. You need someone who is experienced to ensure matters such as property division and child custody are handled properly. A skilled family law attorney can tailor a divorce agreement to your unique situation.

At Youngberg Law Firm, you can put your worries to rest when you speak with our compassionate Flower Mound divorce lawyers. We will listen to your concerns and then explain your options for completing your divorce. We put the interests of you and your children first, ensuring you receive the property and child support you require. Contact us to schedule your consultation today.

Why Choose Youngberg Law Firm for Your Divorce Case

The divorce lawyers at Youngberg Law Firm understand that you are facing many emotions as you deal with ending your marriage. Whether you are looking forward to being free or sad that the union is over, there are also substantial financial concerns. You need a law firm with a strong background in managing all aspects of divorce.

We offer legal representation that is caring, thorough, and professional. Feelings can run high, but we help you stay focused on what matters most: the welfare of yourself and your children. Our Flower Mound divorce lawyers will protect your rights and secure the most favorable compromise with the other side. 

Regardless of your circumstances, we try to reach an agreement outside the courtroom but are ready to continue to trial if needed. Our divorce attorneys prepare you for all meetings and courtroom appearances so you feel confident as your case proceeds. Ultimately, we want to reduce the amount of emotional and financial pressure you experience so you can move into the next chapter of your life.

How Divorce Works in Texas 

Texas has laws governing the divorce process, such as requiring petitioners to be residents for at least six months. There are six primary steps that every case will follow:

Establishing Grounds

The grounds, or reasons, for your divorce must fall into one of seven categories recognized by the state, which are:

  • Abandonment: If your spouse has left you for at least one year, you can claim abandonment.
  • Adultery: To use adultery as the basis of your divorce petition, you will need to present evidence your spouse was sexually involved with a person outside their marriage bonds.
  • Confinement in a mental hospital:  If your spouse has been diagnosed with a mental disorder that is unlikely to resolve itself or that may recur and has been confined to a treatment center for at least three years, you can request a divorce.
  • Cruelty: Spouses suffering emotional, verbal, financial, or physical abuse can claim cruelty as grounds. 
  • Felony conviction: You may ask for a divorce if your spouse has been convicted of a felony.
  • Insupportability: This is commonly called “irreconcilable differences” or divorce by agreement. If you just no longer wish to be married to one another, you can use this reason.
  • Separated: To claim separation, you and your spouse must have lived in different residences for a minimum of three years. 

The specifics of your case will determine under which ground you file your petition. You may have multiple causes for ending your marriage, but your Flower Mound divorce lawyer will generally advise you to select the one for which you have the most evidence. Regardless, you only need one of these qualifications to begin the process. 

Filing the Divorce Petition

Your attorney will help you file your original petition for divorce. If you file the divorce first, you will be known as the petitioner, and your spouse will be the respondent. It must be filed in the appropriate court of the county where you live, and your lawyer will aid you in completing the paperwork. 

Legally Notifying Your Spouse

After filing the petition, you must choose one of three ways to notify your spouse of the divorce action:

  • Process Server: This is a court official who locates your spouse and gives them the papers. 
  • Waiver of Citation: Your spouse signs a waiver indicating they are aware of the petition and do not need to be served. 
  • Posting: If your spouse has abandoned you or cannot be found, you must post or publish a notification in the local newspaper for a period of time.

Simply speaking to your spouse to tell them about the divorce is not enough; the court requires that legal notice be given. 

Your Spouse Responds

After they receive notification, your spouse has until the Monday after 20 days have a passed to file their counter-petition or response. They may or may not decide to hire a different divorce attorney, but it is highly advisable. If they decide not to fight, this is known as an uncontested divorce. Nonetheless, they must respond to your court filing. Should they fail to file a response, you would be able to enter a default judgment against them in the case.

In the response, your spouse will state their reason for divorce and any requests to the court. If the grounds are not the same, the respective attorneys will negotiate to reach an agreement. 

If you are the respondent, you should definitely hire a separate Flower Mound divorce attorney to help you with the case. In no circumstances should you go through this alone. Even the most amicable of divorces can quickly become hurtful and contentious.

You Complete a 60-day Waiting Period

Texas does not allow a court to issue final divorce decrees until at least 60 days after the initial filing. It allows time for spouses to reconsider their decision and rescind the petition if they can resolve their differences during that time. In situations of domestic violence, however, the court may waive the 60-day period and grant a final decree, though this waiver is uncommon even in those circumstances.  

You Attend a Temporary Orders Hearing

In contested divorce cases, and especially ones with children involved, it is common for parties to need to have a Temporary Orders hearing. These hearings are designed to resolve the immediate issues of Custody, Possession and Access to children, Exclusive use and possession of the marital residence and management of other property. If the parties are not able to agree on these issues before court, they will have to present their requests to the judge in a short hearing and the judge will put in place temporary orders that control the parties actions while the case is going on. Those Temporary orders will go away when a final order is entered. 

You Attend Mediation

If the parties are not able to enter an agreement regarding the Final Decree of Divorce in their case, including the terms of division of property, division of debt, and child custody, possession and access, the Court will order them to go to mediation. In mediation the parties can decide the outcome of their case. A strong divorce lawyer can guide you to the best possible resolution of your case in mediation.  If the case doesn’t settle in mediation, you will have to go to final trial.

Your Final Divorce Decree Is Granted

In an uncontested divorce, your final decree can be granted after 60 days. If either party is not in agreement with the terms of settlement, then it is more likely that your divorce will take longer than 60 days, whether or not the divorce is truly contested. If you both have attorneys, you may be able to reach an agreement, or may not. If after mediation, which is required in all divorce cases in Denton County, you still don’t have an agreement; you will end up with a trial before a judge. Once the trial is completed, your decree will still need to be drafted which can take some time. 

How Is Property Divided in a Texas Divorce? 

Just after child custody, how to divide property is one of the most frustrating topics in a divorce. Texas is a community property state, so everything you own is owned together and must be divided “just and right” in the divorce. However, this does not mean that things will be split 50/50.

Your Flower Mound divorce attorneys will explain the difference between community and separate property. For example, all property obtained during the marriage is generally considered to be community property. They are eligible for division, no matter whose name is on the title or which spouse paid for the asset. Any marital debt must also be divided equitably. 

Separate property will be given to the spouse who owned it, such as:

  • Property you owned prior to the marriage in your own name
  • Items received as an inheritance or gift to one spouse during the union
  • Settlement payments from personal injury cases, with some exceptions
  • Capital gains (but not income) earned by one spouse on their personal investments, such as stocks or rental properties

Your attorney will present evidence that a property or debt is separate. The judge for your case will review the information and issue a status for all assets as marital or separate. 

Managing Child Custody, Child Support, and Spousal Maintenance in Texas Divorce Cases

If you and your spouse have no children, your divorce can usually be accomplished fairly quickly. However, when children are involved, or one spouse requires financial support, you will need guidance from highly skilled Flower Mound divorce attorneys.

Child Custody

The Texas Family Code governs who is generally entitled to custody of children in a divorce. However, every family will not only have unique circumstances, and those details may change as the years go by. It takes an experienced divorce lawyer to interpret the law for your situation. 

Custody can be physical and legal. Unless one spouse is dangerous or has abandoned their children, both parents are usually granted joint custody, with one parent having physical custody. Visitation is a part of these discussions, and it is important to try to work out the agreement before going to court. Otherwise, the choices about your children’s future will be made by a judge who does not know your lives. 

Child Support

In Texas, the non-custodial parent must pay part of their income to the custodial parent every month. This child support provides financial support for the children’s needs and is based on many factors. The paying parent’s income is accounted for, as well as any medical or educational requirements for each child. The state also considers whether the non-custodial parent is also paying for other children. 

As the recipient, you may qualify for “above guideline support” based on your circumstances. Your attorney will help you determine if this applies to your case and will aid you in collecting the necessary documentation to make this claim to the court. 

Spousal Maintenance

Either spouse is eligible to request spousal maintenance from the other under Texas law. This provision is to ensure the other spouse will be able to meet their minimum reasonable needs while they get back on their feet after the divorce. If awarded, it is typically awarded, by request, to the party with the lower income. To be successful, the spouse must provide proof they meet any of the following conditions:

  • You can demonstrate an inability to support yourself financially due to a disability, either physical or mental.
  • You have custody of a child who needs a high level of medical care or educational therapy, and this prevents you from earning sufficient income. 
  • Your marriage lasted for more than ten years, and you cannot earn enough income to cover your basic needs after the divorce. 
  • The other spouse was convicted of domestic violence against you or your children in the two years prior to your divorce petition or while the divorce is pending. 

Custody, Support, and Alimony Modifications

Ideally, the details of your divorce agreement will allow you and your ex-spouse to co-parent successfully for many years. However, situations change as children grow and the former spouses move forward in their careers. You may find you need to file modifications to the original child custody or support orders, or new circumstances may influence the level of spousal support required. 

With an existing child support order, you will generally only request a change when one or both parents’ financial status has changed substantially. This includes both large increases and decreases in income. Either parent can request a modification to support payments if they lose their jobs or if the other parent experiences a significant increase in salary. 

In Texas, the courts prefer to make such changes no more frequently than every three years, at a minimum. Generally, the requested modification should be when the amount varies by more than 20% or $100. Again, working with an experienced family law attorney can help you craft an agreement that meets the best interests of all involved and that will protect the needs of both parents and all children for several years. 

Speak With Our Flower Mound Divorce Lawyers Today 

Even when things are going well, the effects of a divorce on both spouses and children can be devastating. Everything must change, nothing is certain until much later, and a legal misstep could dramatically alter your future. Working with the Flower Mound divorce lawyers at Youngberg Law Firm can ease much of the stress and concern you must manage.

We have experience handling all kinds of divorce cases for everyday folks and high-net-worth individuals with complex estates to divide. No matter how simple or complex your divorce is, we are ready to guide you through the paperwork and processes. We also have training in assisting those facing domestic violence who need a fast resolution to a dangerous situation. 

The sooner you call us, the better we can help you. Call us or use our online form to schedule a consultation today.

Read More: