Divorce can be a very stressful and overwhelming time. Divorce ranks second on the list of most stressful life events, second only to death of a spouse. The decision by one spouse or both to dissolve your marriage is certainly difficult and choosing the right divorce attorney is an important decision as well.
When you are faced with hiring a divorce attorney, we at the Whittemore Law Firm understand that you want your case to be handled efficiently without unnecessary delays or complications. I listen attentively to your unique situation, help you understand your options and together formulate a strategy to reach your desired outcome. I work diligently to give you responsive, personal attention through the entire process and to create closure so that you can move on to the next chapter of your life. Having capable and experienced representation can lead to a less contentious divorce process and provide you with peace of mind that you are achieving the best outcome for you and your family.
Although there may be various grounds for divorce, Texas allows for a “no-fault” divorce when the marriage relationship has broken down to a point that the marriage has become “insupportable.” A divorce without alleging fault allows spouses to end their marriage without the need to prove bad conduct of the other spouse. This gives spouses more privacy and can reduce conflict resulting in a more amicable divorce.
During the divorce process, many important decisions must be made before the divorce is final. Some of these issues are:
How marital property will be characterized, valued, and divided.
Texas is a “community property” state, which means property is either characterized as separate property or community property. Property owned by either spouse is presumed to be community property unless a spouse proves that certain assets are his or her separate property. Property acquired during marriage and income of the spouses received during marriage is community property owned by both husband and wife. Separate property are assets owned before marriage, obtained through inheritance, or received from a personal injury award. Decisions regarding how marital property is divided will affect your future finances.
How custody and visitation of the children will be determined.
Texas law refers to custody as “conservatorship” and to visitation as “possession.” The law encourages parents to work together, if possible, to create their own parenting plan regarding conservatorship and possession of the children. These decisions are important for you to maintain a loving relationship with your children through frequent, meaningful parenting time. If parents cannot agree on a parenting plan, the court will make its custody and possession order for the parents based on what it believes is in the best interest of the children.
How will child support be handled.
Child support in Texas is designed to ensure that children have adequate financial support and that the parents share in the financial responsibilities of the children. Generally, the noncustodial parent pays support to the custodial parent based on that parent’s ability to pay. Issues arise when a child’s circumstances result in unusually high expenses, such as medical expenses, or a parent hides income to lower the amount of child support to be paid.
Will one party receive spousal support from the other.
During the pendency of the divorce, it is common that one spouse pays the other spouse temporary spousal support to meet household and living expenses of the parties and the children. However, after divorce, Texas does not require one spouse to pay “alimony” to the other spouse, but there can be an award of “spousal maintenance”. The Texas statute is designed to financially assist a spouse to meet their “minimum reasonable needs” while he or she obtains education or is just starting back in the workforce. Spousal maintenance is typically limited in amount and duration, and an award of spousal support is not automatic.
For a free 20-minute consultation, Contact the Whittemore Law Firm at 832-215-3706
Whittemore Law Firm is dedicated to helping clients navigate difficult family law and divorce issues. Whittemore Law Firm serves clients in The Woodlands, Conroe, Montgomery County, Houston, Harris County, and throughout the surrounding area. If you need help, contact Whittemore Law Firm now and benefit from more nearly 25 years of family law experience so we can help make sure you get a fair resolution.