At its core, divorce is the legal process of separating the assets you and your spouse earned during the marriage as well as setting out child custody and support, if you have children under the age of 18.
The law provides that the court is to divide the property in a way that is just and right. The court will also divide and award you property that came into your possession prior to the marriage.
One key aspect of our job will be to help ensure that the court is dividing the marital property fairly, so that an unreasonable attorney or spiteful spouse does not take advantage of you.
Martial property includes everything you owned during the marriage: your house, bank accounts, oil and gas interests, jewelry, shares of stock, retirement benefits, even livestock and cattle. Sometimes, your spouse may try to hide or conceal his property from you, and we will need to hunt down the missing assets for you.
Children present additional issues in your divorce as, in the very beginning, both parents typically ask for "primary custody" (this is known as conservatorship in the State of Texas).
Conservatorship (Custody) will be set up under the state mandated Standard Possession Order, unless there are exigent circumstances, like abuse or neglect. You can view a copy of a Standard Possession Order Here to see what conservatorship may look like for you.
Child Support Guidelines are set out in the Texas Family Code, which determines the calculation of child support based on your gross wages, monthly health insurance payment for the children and how many children in the family you have. Child support will be 20% of the obligor's gross wages (minus Texas Guideline deductions) for one child and it builds from there the more children you have.
If you want to see a great flowchart that makes it simple, keep scrolling! The different types of divorce we've done in the past include, but is not limited to:
Qualified Domestic Relations Orders
Enforcing Divorce Decrees (post court)
Divorces with children
Spousal maintenance or alimony
Family business entity implications
How to Get Started:
The first step in the divorce proceeding is service of the petition for divorce. If you are the first to file, then we will have your spouse served with the divorce papers. But if you are the respondent, then we will answer the divorce and file a counter-claim with the court.
If you are served with a divorce petition and a temporary restraining order, you need to retain an attorney immediately. It is vital that you hire an attorney because it is likely that the court has ordered a hearing with a couple of weeks or even days after the process server serves you.
A divorce proceeding can be initiated against you if you don’t live in Texas or even in the United States. These multi-state jurisdictional issues complicate the case and require our expertise.
Whatever your circumstances, we will work to provide you with relief and support during this trying process, so that you can begin to have control of your life once again. And if that requires going to court, we will aggressively advocate for your interests.
Have questions? Call our attorneys at (512) 291-6952 to schedule a consultation!