Dallas Texas Divorce Attorney

Family Law Divorce Attorney - Dallas Texas The Law Office of Robert S. Casteel is a law firm which concentrates in the areas of  contested / uncontested divorce proceedings and child custody cases. I am a sole practitioner and therefore I am able to provide you with personalized service. My approach is to keep my clients well informed and up to date about their cases at all times.

Dallas Divorce Attorney:
Uncontested Divorce | Contested Divorce with Property Division | Contested with Child Custody Issues | Contested with Family Violence Issues | Husband or wife out of state |

Family Law and Divorce in Dallas
Dallas Divorce Attorney - Uncontested Divorce - Contested Divorce, Child Custody Issues Lawyer and Dispute Mediator Attorney
Divorce

Divorce is one aspect of family law where almost everyone needs a family law attorney. Very few people ever “want” a divorce, although that’s often what is said by one spouse to the other. Circumstances may make a person feel they have little choice but to obtain a divorce if they want to change their life or the lives of their children for the better. Consultation with a family law attorney can help you decide whether or not divorce is the best decision for your family.

Divorce affects over half of American families, and the statistic may be higher if you include the blended families which often exist because of a prior divorce in subsequent relationships or marriages. Divorce is a family law reality that must be faced when a relationship is no longer sustainable due to conflicts of personalities, financial problems, marital fidelity issues, health and/or substance abuse problems, or value differences between parents where children are concerned. As an experienced Dallas divorce lawyer of Texas, Mr. Casteel has handled divorces as an attorney in Dallas since 2002.

No-Fault Divorce

Until approximately thirty years ago, a spouse had to prove grounds for divorce, or “fault.” Fault grounds in divorce cases were normally adultery, cruel treatment, or abandonment. A significant amount of fraud occurred when two people just wanted a divorce, but couldn’t obtain one unless they lied about a fictitious affair or other circumstance, that legislatures around the country, including Texas, passed “no-fault” divorce statutes. Essentially, if you ask for a divorce, you will eventually get one. The petitioner (person who files) must only plead that there is a conflict of personalities that destroys the legitimate ends of the marriage relationship in order to obtain a divorce. Your spouse cannot stop you from getting a divorce, but if there are children, or there is significant marital property, long and costly disputes can slow down the process.

Divorce Planning

It sounds strange, but it makes sense. Although many couples separate today long before they file for divorce, they may reside together when the decision is made, and they may need to plan before one spouse has the resources to set up separate housekeeping, which could nearly double living expenses. This need is even more important when children are involved, as the one parent’s new residence could affect the school district the children attend (or force the parents to incur tuition), carpools, daycare, and medical care needs of the children. This type of planning with your family law attorney is a key element of divorce strategy, and possibly a safety issue in certain divorces.

Community Property

You may have certain rights to any property (personal and/or real) that was acquired during a marriage, but the facts of how the property came into the marriage determine the exact extent of your rights. A consultation with an attorney is necessary to discuss these rights. Contested property in a divorce can make the divorce more expensive. This is one of the most important topics in any divorce where the parties own a home, stocks or securities, have retirement accounts, and/or many motor vehicles. Debts are also community property.

Child Custody Lawyer

Contested child custody issues, child custody and child support: The most important issue in any divorce involving children is the care, custody, and control of those children after the divorce is over, and what type of contact the children will have with the parent with whom the children do not primarily reside. Children are society’s greatest future resource, and this is why the Texas Family Code uses the term “conservator” for the people who have custodial and/or possessory rights to a child. As a Child custody lawyer, I have found that when child custody is disputed between parents, it is possibly the most difficult of issues in many divorces. Child support is almost always owed by the person who does not have primary conservatorship to the person that does have primary conservatorship, but there are exceptions.

Child Support and Family Law Attorney

Child support is normally determined by which parent has primary custody of a child. Therefore, child support issues are a consequence of child custody. You may want to review the facts on the child custody page, because in most cases, you cannot receive child support unless you have legal custody of a child. The parent who the child does not primarily reside with usually pays child support. This payment is normally a monthly payment to the other parent for support of the child. Many times circumstances change that make the initial child support in a divorce decree or custody order too low, or too high, and changing the amount becomes necessary to bring the support within the guidelines established by Texas law. This does require going back to court in most cases.

Dispute Mediation in your Divorce or Child Custody Case

When you are represented by an an attorney who is also a mediator, you have an attorney that has similar training in divorce mediation to that of the mediator, and normally understands the principal goals and theories behind mediation. Not all mediators are attorneys, and not all attorneys are mediators. Having a representative who is both allows you to better understand the process and the goal – to settle your case favorably without the need for a trial.