Practice Areas
Divorce
Helping Families Navigate the Divorce Process with Confidence
Considering Divorce? Understand Your Options
Deciding whether to pursue a divorce is a significant decision, and you do not have to have everything figured out before speaking with an attorney. An initial consultation can help you understand your legal rights, the divorce process, and the issues that may need to be addressed before you decide how to proceed. Even if you have not yet told your spouse that you are considering divorce, obtaining legal information can help you make informed decisions about your future.
Preparing for a Divorce
Every divorce involves different circumstances, and there is no single approach that works for every family. Before filing for divorce, it can be helpful to evaluate your financial situation, your children’s needs, your property and debts, and any concerns regarding your spouse. Gathering important financial and legal documents early can also help you and your attorney identify potential issues and develop a strategy for the case.
Types of Comprehensive Divorce Services
When both parties agree, we ensure a smooth, efficient process that protects your interests.
We understand the unique challenges faced by service members and their families, including deployment issues and military pension division.
High-Net Worth Divorce
For stay-at-home moms and tech entrepreneurs, we safeguard your financial future through strategic asset division and lifestyle protection.
Same-Sex Divorce
Our inclusive approach ensures fair representation for LGBTQ+ couples, addressing the unique legal considerations of same-sex divorce.
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Highly Contested Divorces
We have 10 years of experience and knowledge under our belts and believe us, after this long -- we've seen it all and argued it all.
Protecting Your Children During Divorce
When children are involved, divorce involves more than simply dividing property and ending the marriage. Parents must also address conservatorship, possession and access, child support, medical expenses, education, and other decisions affecting their children. The goal should be to establish arrangements that serve the best interests of the children while providing both parents with clearly defined rights and responsibilities.
Preparing Your Finances for Divorce
Financial preparation can be an important part of the divorce process. Before or during a divorce, it may be helpful to gather bank statements, retirement account statements, investment records, tax returns, pay records, loan documents, credit card statements, property records, and other financial information. Understanding the marital estate, the parties’ income, and the outstanding debts can help identify the financial issues that will need to be resolved.
Can My Spouse Refuse to Give Me a Divorce?
One spouse generally cannot prevent the other spouse from obtaining a divorce simply by refusing to agree to the divorce. Texas recognizes no-fault divorce, and a spouse may seek a divorce based on insupportability when the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. However, while a spouse cannot necessarily prevent the divorce itself, disagreement over property, children, support, or other issues can make the process more contested and time-consuming.
What Are the Grounds for Divorce in Texas?
Texas allows both no-fault and fault-based grounds for divorce. The most commonly used no-fault ground is insupportability. Depending on the circumstances, a spouse may also seek a divorce based on certain fault-based grounds recognized under Texas law. The appropriate grounds for divorce depend on the facts of the individual case and may affect issues that arise during the proceeding.
Can I Separate Without Getting Divorced?
Texas does not recognize legal separation as a separate marital status in the same way some other states do. However, spouses who are not ready to proceed with a divorce may have other legal options depending on their circumstances. Agreements such a Postnuptial Agreements addressing finances, property, children, or other issues may sometimes be appropriate, but the specific circumstances should be reviewed with an attorney before taking action.
How Is Child Support Determined?
Child support in Texas is generally determined using statutory guidelines that consider factors such as the obligor's income and the number of children for whom support is being ordered. The court may also consider additional circumstances when determining whether guideline support is appropriate.
Child support calculations can become more complicated when a parent is self-employed, has variable income, receives bonuses or commissions, or has other sources of income.
Why Legal Guidance Matters During Divorce
Divorce can affect your finances, your property, your relationship with your children, and your future long after the final decree is entered. Understanding your rights and obligations before making significant decisions can help you avoid costly mistakes and ensure that important issues are not overlooked. Whether your divorce is amicable or highly contested, obtaining legal guidance can help you understand your options and prepare for the issues that must be resolved.
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Fergus & Tomanka can help you navigate the divorce process from beginning to end. Whether you are facing an amicable divorce or a highly contested case, our attorneys can help you understand your rights, protect your interests, and address the issues that matter most to you and your family. From property division and retirement accounts to conservatorship, possession, child support, and spousal maintenance, we can help you pursue a resolution that protects your future.
Call (512) 291-6952 to set up a consultation with one of our attorneys OR simply Make An Appointment on your own!
These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.