Dallas Divorce Attorneys

The boutique Texas law firm, Kirker Davis LLP, provides comprehensive and high-end legal services for complex divorce cases, family law matters, estate planning, and business law to serve Dallas / Fort Worth, and greater North Texas. Together, our lawyers have decades of experience handling divorces involving family-owned businesses, complex custody matters, and professional practices. In addition to our robust family law practice group, we also provide trusted advice for all forms of business matters, from entity formation to all varieties of business disputes. Our commitment to client service and fidelity to the practice of law reduces common client pain points and helps reach faster, better solutions to their legal matters.

Divorce-adjacent Legal Areas

For most, the divorce process will prove to be a challenging experience. Indeed, the process through which a once lifelong partner becomes an adversary can be jarring. Our in-depth knowledge of the family law systems applied in Dallas County provides a significant benefit to those contemplating divorce in Dallas. Despite the challenging nature of the divorce process, our experienced lawyers are equipped not only to provide on-point legal advice, but also to assist with the legal issues that may not be immediately apparent. Please continue reading below for an overview of a few topics our lawyers in the Dallas-Fort Worth area can help their clients navigate.

Mediation

In addition to the traditional litigation process, Texas law provides for other forms of dispute resolution. One such Alternative Dispute Resolution (ADR) method is mediation. In Mediation, the mediator (a disinterested, third-party) helps the parties bridge the gap in their disagreements to arrive at an outcome both can agree on. All DFW-area mediators have specialized conflict resolution training. Mediation may be a good choice for those couples seeking to arrive at a solution without much of the time, stress, and added expense that often accompanies traditional forms of dispute resolution. Though mediators are equipped with dispute resolution strategies, they have no legal authority to decide an outcome that is binding on the parties. In the end, the parties themselves independently agree to the terms of settlement, giving each party the autonomy to craft their proposed solution and the authority to agree to the proposed terms. Of those couples who have chosen mediation, many describe the process as less stressful and more empowering than formal litigation.

 Arbitration

Another popular form of ADR in Dallas is Arbitration. Like mediation, the arbitration process is facilitated by a neutral third party (the arbitrator). However, unlike a mediator, the arbitrator is empowered with authority to issue binding decisions. Arbitration shares many of the benefits of mediation, including reduced costs and faster resolution timelines. In arbitration, the arbitrator will hear both parties’ arguments and supporting evidence. After considering the merits of each side, the arbitrator will make a final decision. A Dallas County court will then examine the arbitrator’s decision for a minimum level of fairness and render an order according to the arbitrator’s decision. Just like mediation, the arbitration process is a voluntary one. This means that both parties must consent to the process. However, once the parties agree to arbitration, they cannot back out; they are bound by the arbitrator’s decision. Arbitration is often appropriate when the disputed terms are limited. One of the primary benefits of arbitration is that, in the event parties cannot agree, the arbitrator can get the parties to an outcome more quickly and with less expense required than going to court for a judge’s ruling.

Child Custody

Child custody issues are routinely the most challenging, both emotionally and legally, aspects of any divorce matter. The term “custody” denotes two separate realms: legal custody (the parent or guardian’s right to make decisions that will impact the upbringing of the child) and physical custody (the parent or guardian’s physical possession of the child). Texas law places a special significance on the “best interests” of children. In making determinations concerning child custody, courts are bound to the Texas Family Code, which states, “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child” (Tex. Fam. Code § 153.002). Thus, “best interest of the child” is the North Star in all Texas conservatorship matters. Additionally, this heightened level of scrutiny means that only Texas courts have the authority to issue decisions impacting custody matters (thus, ADR methods like arbitration or mediation are not available for such matters).

Pre-Marital Agreements

Despite a general misunderstanding of “prenups” on the part of the public, a premarital agreement is simply a private contract between a couple. To be effective, a premarital agreement must be signed by two unmarried people in anticipation of marriage. A growing number of Dallas-Fort Worth area residents have turned to premarital agreements due to their ability to bypass some of the terms found within the state’s default marriage contract. North Texas couples routinely include provisions addressing property characterization in their premarital contract to define their property in a manner differently than Texas law would characterize it absent such an agreement. These provisions put the power back into the hands of the couple by allowing them to specify which assets and liabilities are the couple’s shared, or “community” property, and which are the spouses’ separate property.

Post-Nuptial Agreements

In contrast to premarital agreements, which are executed in anticipation of marriage, postnuptial agreements are contracts between spouses. Outside of that distinction, postnuptial agreements operate in much the same way as premarital agreements. Like premarital agreements, post-nuptial agreements are routinely used by Dallas-Fort Worth residents to address their desired property characterization and to bypass the state’s default rules.

 

Other Legal Areas

Estate Planning

Estate planning refers to the process in which legally binding instructions are created to govern the disposition of property after death or incapacitation. The estate plans of many of our Dallas clients are composed of several documents and instruments, each drafted to achieve a specific goal. These components include: (1) a Last Will and Testament; (2) a Power of Attorney; (3) Advanced Medical Directives; and, depending on an individual’s circumstances, (4) a trust. Many clients create estate plans to reduce stress and heartache for their loved ones. Additionally, estate plans are not set in stone. If a person or family’s situation changes, an existing estate plan can be updated to address changes to one’s values, goals, or circumstances. Our experienced estate planning lawyers have helped many Dallas County residents provide their loved ones with valuable peace of mind.

Business Law

Business litigation encompasses a broad field of law that covers a wide range of disputes and transactions relating to business interactions. Business litigation in the DFW area can occur in one of several legal settings; if a traditional litigation route is selected, the most likely court will be a Collin, Dallas, Denton, Tarrant, or other County court. However, if the parties have agreed to forgo traditional litigation in favor of an alternative dispute resolution method, such as arbitration or mediation mentioned above, then the forum could be a number of settings.

Contact a Dallas Attorney Today

For those with any questions relating to family law, estate planning, or business law please feel free to contact one of Kirker | Davis LLP’s experienced Dallas lawyers today at (512) 746-7304.