Getting a Divorce in Frisco?

Trying to understand the process of and considerations made in a divorce case can be difficult, but in this article, we will try to provide an overview to get you started in understanding divorce laws in Texas. While we will explain the basics of grounds for divorce, if you are going through a divorce or considering one, you should speak with an experienced divorce attorney in Frisco, or wherever you are filing for divorce.

Before we get to grounds for divorce, we must first discuss the residency requirements to file for a divorce in the first place. In Texas, either the one filing for divorce (the petitioner), or the other party (the respondent), must have been a domiciliary of (have lived in) Texas for the previous six months and be a resident of the county where the divorce is being filed for 90 days before a divorce can be filed. For the purposes of divorce law, an active duty member of the armed forces who is stationed at a military base is considered a domiciliary of the state and the county the base is in, though the six month statewide and 90 day county-specific requirements still apply. If these residency requirements are not met, the court will dismiss the case.

Now, if residency requirements are met, there still have to be grounds for a divorce. These grounds include: (each quoted from the Texas Family Code)

• CRUELTY.  The court may grant a divorce in favor
  of one spouse if the other spouse is guilty of cruel treatment
  toward the complaining spouse of a nature that renders further
  living together insupportable. (6.002)
• ADULTERY.  The court may grant a divorce in favor
  of one spouse if the other spouse has committed adultery. (6.003)
• CONVICTION OF FELONY. (6.004)
• (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
• (1)  has been convicted of a felony;
• (2)  has been imprisoned for at least one year in the  state penitentiary, a federal penitentiary, or the penitentiary of another state;  and
• (3)  has not been pardoned.
• (b)  The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
• ABANDONMENT.  The court may grant a divorce in favor of one spouse if the other spouse: (6.005)
• (1)  left the complaining spouse with the intention of
  abandonment;  and
• (2)  remained away for at least one year.
• LIVING APART.  The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years. (6.006)
• CONFINEMENT IN MENTAL HOSPITAL.  The court may grant a divorce in favor of one spouse if at the time the suit is filed: (6.007)
• (1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Code, in this state or another state for at least three years;  and
• (2)  it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

So, there they are, the grounds for divorce: cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital. Additionally, Texas has a no-fault divorce law allowing for a divorce “if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation” (Texas Family Code 6.001). However, the court may consider faults when determining how to divide assets, so it is often recommended that the petitioner include faults in their petition, rather than seeking a no-fault divorce.

Frisco Divorce: Choosing Parents

One of the most difficult aspects of divorce is when children have to choose a parent to stay with. Making the decision of picking a parent can make a child feel uncomfortable and sad to have to make a choice.

If possible, during a divorce, the parent should make the decision unless the child is old enough to make their own decisions. Depending on the situation, the child may have a say in the matter because they do feel that they have a better relationship with one parent.

Another matter to consider is keeping children together versus splitting them up. I think the question to ask would be how often will they see each other? And, again, what is the relationship like? Many technological advances have helped repair the fragmented relationship with one of the spouses, for example Readeo. Readeo is a step beyond Skype and video chatting, it offers a more engaging moments like story time. Also suited for military families and other long distant situations.

The problem with divorcing parents is that each case is different a requires a totally different set of rules. Every situation is unique and should be handled accordingly.

If you are seeking a Frisco, TX divorce attorney, the legal professionals at Thering McCarley Attorneys at Law are here to provide you with the best legal advice in Collin County.

Coping with Divorce

Dealing with a divorce is undoubtedly one of the most difficult things a human being can face in life. But the good news is you don't have to go through it alone. The professional attorneys at Thering McCarley Attorneys at Law will get you through your divorce with your best interests in mind.

Fathers are typically on the shorter end of the stick when it comes to divorce. Not only do they face the possibility of losing the right to see their children, losing some of their assets and becoming alienated from their friends and family.

Thering McCarley Attorneys at Law specialize in the Frisco divorce cases. We want to advocate for your rights, protect your best interests and mitigate any negotiations you may face.

Is Facebook Responsible For 20% of Today's Divorces?

In an article published at Darn Divorce, a divorce blog, the stat that 20% of current day divorces are caused by Facebook was examined. Here is an excerpt from the article. To read the full article click here

Did you hear the one about the research studies that cited that Facebook is causing 20% of today’s divorces? Press releases headlined it. The news media ran stories about it. “Experts” validated it. People repeated it around the water cooler and their social networks. And everyone talked about it like it was a real stat. Unfortunately, the joke is on all of us.

So how did we buy into the fastest growing, most widespread urban myth in the world?
It started in late 2009, gained traction over the next several months, spread like a viral YouTube video throughout 2010, and finally, after being repeated for 14 months, it took on its most recent form declaring: “Facebook linked to one in five divorces in the United States.”


--My take is that Facebook probably isn't helping the situation any but, I would be hesitant to say the number is as high as 20%. Inherently, Facebook creates problems when spouses re-connect with ex-boyfriends and girlfriends or friends of the opposite sex. Also, any incriminating photos that are posted on your profile can lead to problems with infidelity and distrust.

If you are searching for a Frisco Divorce attorney, the professionals at Thering McCarley PLLC will advocate to protect your rights and best interests.

Considering a Divorce? Read this First.

Divorce is now a common part of our culture. Close to half of all marriages end in divorce, a statistic that many people are unaware of. While this may come as a surprise to some, it is a reality of life. Sometimes relationships do not work out and if this is the case, you need legal counsel that can represent your best interests and the interests of your family.

Consider as many variables as you can. It is nearly impossible to predict all of the repercussions that a divorce can have on your quality of life. The effects can be far reaching and cause a ripple that may spill over into other facets of your life including job performance, friendships and especially relationships with your children. Many factors to consider in regards to your children are physical and legal custody. These laws differ in many states so please consult a trusted child custody attorney to go over the parental options.

Thering McCarley Attorneys at Law represent many Frisco, TX divorce cases and have the experience and compassion it takes to handle delicate divorce cases.

What is a Prenup?

A prenuptial agreement, more commonly known as a prenup, is not just a lyric from a Kanye West song, but a legally binding contract entered into prior to a marriage by both parties. The scope of a prenuptial agreement can vary widely and have various terms and conditions, but typically includes an outline provisions for division of property, as well as, spousal support in the event of divorce. When partners decide on a prenuptial agreement, usually a significant area of the marriage is discussed like money and business agreements. A prenup may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included in the document as well.
Furthermore, a prenuptial agreement often has a "sunset clause". This clause usually means that the prenuptial agreement is invalid after a predetermined length of time, or after the couple has a fulfilled a prior agreement, such as a child together. If the sunset clause is ignored or unfulfilled the prenuptial agreement is null and void. Sunset clauses vary from state to state.
If you are searching for a family law attorney, contact the professionals at Thering McCarley, Attorneys at Law.