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FAQ

With more than 25 years of experience and hundreds of cases successfully handled, we at Scroggins Law Group have the knowledge and skills required to tackle even the most complex matters. Over the years, our Collin County family attorneys have noticed that many of the men and women we serve have similar kinds of questions and concerns. To better assist our clients, we have collected a list of some of the most commonly asked questions brought to our firm and provided the answers below for your benefit.

What Is A Contested Divorce?

A contested divorce is the kind of divorce where both parties cannot amicably agree about how to settle their divorce. Perhaps they do not agree on matters such as child custody, child support or spousal maintenance. Contested divorces are notorious for being lengthy and emotionally draining. Our firm solely handles contested divorces and provides the aggressive and relentless representation merited by these cases.

Why Can't I Just File For Divorce On My Own?

While many individuals choose to file for divorce on their own, we highly discourage others from doing so. Filling for divorce without legal assistance can unnecessarily place your rights and interests in danger. This is especially true in the case of contested divorces. You need to have a passionate and tough advocate on your side who will fiercely protect your rights in court.

Will I Receive Spousal Maintenance?

It is impossible to predict exactly how a family law court judge will rule regarding spousal maintenance because a variety of factors are taken into consideration. In the state of Texas, spousal maintenance is decided by taking a look at the length of the marriage and whether the spouse seeking maintenance has received enough in the property division of the divorce to meet his/her minimum reasonable needs. In other words, it is very subjective. However, your chances of obtaining spousal maintenance greatly increase when you have experienced, aggressive, legal representation.

How Is Property Divided In Texas?

Texas is a “community property” state, so all assets and debts acquired during the pendency of the marriage are considered “community”. Any assets that were owned prior to marriage, obtained through inheritence or acquired by gift are “separate property” Why is this important? Because a judge cannot divide separate property, only community. So, how will things be divided? The judge is required by statute to make a just and right division to the community property. This division can be influenced bby disparity in earning capacity, educaiton of the parties, fault in the breakup of the marriage, as well as other factors. Contact us to learn more about property division in Texas.

Can I Get Separated In Texas?

Unfortunately, legal separations are not recognized in the state of Texas. This means that couples who need space to re-evaluate their marriage have limited options to legally protect themselves during this uncertain time.
However, they do have some options. Partition and exchange agreements and suits affecting parent-child relationship (SAPCR) can be used to settle financial and child custody matters if a couple decides to establish separate residences while still remaining married. Contact us to learn more about these legal actions.

What Does It Mean To Be Board-Certified In Family Law?

Less than 1% of attorneys in the state of Texas are board certified in family law. To become board-certified in family law by the Texas Board of Legal Specialization, the certified attorney must have practiced family law extensively for years and demonstrated an expert grasp of this area of the law, coupled with vast courtroom experience. If the attorney can meet the qualifications, and receive the necessary peer review attesting to his/her skill in family law, he/she then must take a comprehensive test encompassing all facets of family law. Board certification also requires heightened legal education beyond what is required of attorneys who are not board certified. This high level of specialization is a mark of excellence, one that few practicing attorneys in Texas possess. Our firm is proud to be led by a board certified family law specialist in Mark L. Scroggins.

Why Should I Hire Your Firm To Represent Me?

Our firm has a reputation for delivering high-quality legal representation that strikes a delicate balance of being both aggressive and compassionate. We genuinely care about the needs and goals of our clients, which is evident in our staunch pursuit of a positive outcome in court. Our efforts have earned us the respect of our peers and various honors such as inclusion in the Super Lawyers list. Should you choose to hire us, you can feel peace of mind in knowing you have an expert legal team on your side.

Contact Us With Additional Questions

We can provide you with the answers you need in order to feel at ease over the decisions you make for yourself and your family. Our team is prepared to help you get the best results possible. Our family attorneys represent clients throughout Collin County, including Highland Village, Flower Mound, Allen, Lewisville, McKinney, Plano and Frisco.