Little Elm Divorce Lawyers


Divorce can be mentally and emotionally taxing. Throughout the process, it is important to protect your legal rights. A Little Elm divorce lawyer can help you every step of the way. They will advocate for you and make sure that you receive legal protection during this challenging time. 

At the Youngberg Law Firm, we help you protect what matters most. Our legal team is available to discuss your divorce case. To get started, contact us today.

Filing for Divorce in Little Elm, TX

You can file for divorce based on where you live. The petition can be submitted in the district county court where either party has resided for the last 90 days. A party can do so as long as they have lived in Texas for at least the last six months. 

In a situation where a party who wants to divorce lives in another state or country, they are still able to file their request in Texas. They may submit their petition in the county where the other party lives. This individual may do so as long as the other party has resided in Texas for the last six months or longer. 

Divorce lawyers can answer your questions about filing your request. They can help you complete any required paperwork. Your attorney can also work with you to negotiate child support and deal with other legal issues relating to your request. 

Types of Divorce

Every separation is unique, and there is no such thing as a one-size-fits-all divorce. Categories of divorce include:


You may want a separation from your spouse but still are open to communication and collaboration. At this point, it may be beneficial to pursue a collaborative divorce.

Whereas a traditional divorce may be full of conflict, a collaborative one empowers you and the other party to work together to address any issues. A collaborative separation focuses on transparency and visibility. The separation enables each party to engage with one another to resolve problems. It may also lay the groundwork for a future relationship with the other party built on mutual respect. 

In a collaborative separation, Little Elm divorce attorneys may use joint meetings to understand and mitigate problems. They may find third parties who may be able to work with you and your spouse to find common ground. If the collaborative effort is successful, you and the other party can move forward with your divorce. 

High Net Worth

You or the other party may be a high-net-worth individual (HNWI), i.e., someone with a net worth totaling $1-5 million. Due to this individual’s worth, it may be difficult to ensure that there is an equitable division of assets between both parties in a divorce. 

In Texas, there is a community property jurisdiction. Based on this, the property you and your spouse acquired during your marriage is jointly owned by both parties. The same is true for debt accumulated during your relationship.

A Little Elm divorce attorney can help you and the other party figure out spousal maintenance and address other issues relating to your high-net-worth divorce. This lawyer will review the key issues relating to your divorce. They may be able to help bridge the gap in terms of what each party receives after the separation.  


You or the other party may be an active military member. In this scenario, a member of the military is protected under the Servicemembers Civil Relief Act (SCRA).

SCRA provides legal and financial protections to military personnel. In a divorce, the military member may have a “stay” put in place on their legal proceedings. The stay may be required to give this individual sufficient time to respond to separation papers and appear in court. 

Little Elm divorce lawyers understand the complexities of military separations. Your attorney can discuss SCRA and how it relates to your military divorce. They will support your best interests if you or the other party is in the military. 


In 2015, same-sex marriage became legal in Texas. Previously, same-sex couples may have gotten married in other states or entered into civil unions. These past arrangements may impact divorce proceedings.

A same-sex divorce attorney can examine the issues relating to your divorce and help you deal with these problems. Your lawyer may look at the date you were married since this may impact the division of assets between you and your spouse. They may also consider child custody and support arrangements and other factors relating to your separation. 

With any divorce, it may be helpful to pursue legal help. Your attorney can represent you throughout your proceedings. They can help you identify and mitigate any separation issues that come up in their early stages. 

Contested and Uncontested Divorce

A divorce may be contested or uncontested. If a separation is contested, you and the other party may have to figure out things like child custody and division of property. Alternatively, an uncontested separation means there is no contest. In this situation, both parties agree to part ways without having to go to court. 

The benefits of an uncontested divorce versus a contested one may be significant. It may be faster and less expensive for both parties if there are no contested issues. In addition, you and the other party may be able to amicably resolve your differences, remain civil throughout your proceedings, and avoid future conflicts. 

To qualify for an uncontested divorce, you and your spouse must be a Texas resident for a minimum of six months. Either party must be a resident of the county where they are filing for divorce for at least 90 days. All issues between both parties must also be resolved. 

Divorce Issues

Issues can prolong the separation process. A divorce attorney can teach you about these problems and offer tips and recommendations on how to remediate them. Common issues that may come up when a person separates from their spouse include:

Spousal Maintenance

A court may order spousal maintenance in which one party is required to provide financial assistance to the other. Instances where spousal support may be implemented include:

  • The receiving party is incapable of financially supporting themselves. 
  • The receiving party is taking care of a child who is dealing with a disability. 
  • The paying party committed acts of domestic violence during the marriage. 

How long one party is obligated to give alimony to the other and the amount they may have to pay varies depending on a variety of factors. An attorney can explain how spousal maintenance works. If your spouse is trying to get maintenance from you, your attorney may help you find ways to keep your payments to a minimum or avoid them altogether. Or, if you are requesting support, your lawyer may help you build a compelling argument to show the court you deserve the maximum amount from the other party. 

Domestic Violence

The Texas Family Code defines family violence as any act in which one party inflicts bodily harm on another or threatens to do so. Domestic violence may be a form of family violence. It may also occur when a party is emotionally, verbally, or psychologically abusive to another. 

A marriage may collapse due to domestic violence. If there is violence between two parties in a marriage, it may allow an individual to speed up the divorce process. The court may also issue a temporary restraining or protective order to help the victim guard against the abuser. 

There are times when one party falsely accuses the other of domestic violence in the middle of divorce proceedings. If this happens, a divorce attorney may partner with a criminal defense lawyer. Together, the attorneys can develop a legal strategy to dispute any false allegations. 

Child Custody

Parents may encounter major problems as they dispute child custody and support during a divorce. How a custody and support case turns out may have long-lasting ramifications on parents and their children. This may lead one parent to violate the other’s rights as they attempt to gain full or primary custody and receive financial support for a child. 

It helps to have a legal strategy in place relative to custody and support of a child. By hiring a lawyer, you can craft a strategy that aligns with the best interests of you and your child. 

Your attorney may help you with a custody evaluation in which a neutral third party evaluates you and the other parent’s ability to take care of your child. They may also work with you to gather evidence to support your case. This may help you protect your parental rights. 

Divorce problems may not disappear on their own. A lawyer may address your concerns and questions as issues arise. They can explain the ramifications of any decisions you make on how to respond to such problems. Your attorney can resolve these issues before your legal rights are compromised. 

Divorce Forms in Texas 

The divorce forms you need to fill out vary based on factors surrounding your separation. Initial forms for divorce you may be required to complete include:

  • No Children, No Property: Used for an uncontested divorce in which no children or property are involved. 
  • No Children: Used for a divorce in which property may need to be divided among two parties, but no children are involved. 
  • Minor Children Involved: Used for a divorce where the court may have to determine how custody will be divided among the parents of children. 
  • Minor Children Involved with Existing Final Custody Order: Used for a divorce where there is already a custody order in place, but the property may still have to be split among the parties.

A divorce lawyer can walk you through the steps required for getting a divorce. They can help you file or e-file the appropriate forms relating to your case. Your attorney can give you insights you can use to make informed decisions as you move through the separation process. 

How an Annulment Works

In lieu of a divorce, you and the other party may want to get an annulment. If you do, both parties are agreeing to separate as if their relationship never happened. 

An annulment may seem ideal, but it may be difficult to receive one. Situations in which you may be able to get an annulment in Texas include:

  • A party is under the age of 14.
  • A party already had a spouse at the time they got married.
  • A party was under the influence of drugs or alcohol when they got married.
  • A party is dealing with a mental health condition that impacts their ability to make sound and rational decisions. 

If you are eligible for an annulment, you may be able to separate from your spouse much faster than you could if you go through the divorce process. You may request an annulment at any time and have one granted immediately. To finalize a divorce, you may have to wait at least 60 days from the date your petition is filed.

Divorce Mediation

You and your spouse may choose mediation to go through your divorce without having to go to court. With this option, a mediator serves as an independent third party for negotiations between both parties. They will work with you and the other party to craft a separation agreement. 

There is no legal requirement to meet with a mediator, but it may be beneficial to do so. Mediation may help you quickly resolve your case. The negotiations between both parties remain confidential. This process may also help the parties maintain a positive relationship. 

You may hire an attorney to represent you during mediation. By choosing a lawyer who has received many outstanding client testimonials, you may be well-equipped to get your desired result. If mediation proves to be unsuccessful, your attorney can continue to help you with your divorce proceedings. 

Get Legal Help with Your Divorce

Divorce may affect your physical, mental, and emotional well-being. As you go through this process, you do not have to do so alone. The legal team at the Youngberg Law Firm provides strong, trustworthy, and individualized attention to each of our clients. We are available to assist you with your divorce case. To book a case consultation, contact us today.

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