How will our property be divided?
Texas is a community property state. In Texas, those assets that you acquire during your marriage are considered community property and are subject to division by the court. Assets that a spouse owned prior to marriage or received during marriage by gift or devise are separate property. The burden of proof is on the spouse claiming separate property and it is a very onerous evidentiary task. The court is tasked with dividing the marital estate in a just and right manner, which does not always mean equal or 50/50. Each case is unique and may present its own special set of facts that impact the division.
How much does a divorce cost?
The cost of a divorce differs based on the complexity of the issues involved. Unfortunately, there are some that can be expensive, but there are many ways to keep the costs of a divorce down to a minimum. Ask your lawyer about collaborative law, mediation and other options to keep costs down.
My spouse has been physically abusive to me and I am afraid of what they will do if I file for divorce?
If your spouse has been physically abusive, get help immediately and it may be possible when the divorce is filed to secure a Protective Order to protect you and/or your children from your spouse committing family violence.
I need to modify and enforce my divorce decree – can I do that?
A Texas court will retain jurisdiction to modify and enforce matters such as custody, visitation and child support until the last child graduates from high school. The property division, however, cannot be modified once the decree is granted except in very rare appellate related matters.
How does a mediator differ from a lawyer?
A mediator is an impartial third party who helps parties reach an agreement. The mediator does not take sides or make a ruling; they are there to help facilitate an agreement. Trained mediators are essential to family law cases – if you are looking for a mediator for your case, Kimberly Naylor is a trained mediator and has years of experience in helping people reach agreements outside of court.
I am afraid my spouse has hidden money – can we find it?
It can be difficult to know for sure if all of the assets are fully disclosed in a divorce. We can utilize the services of financial experts to help trace funds, characterize property and prove waste and fraud claims.
How do I know I should file for divorce?
You should ask yourself if there is any possibility of reconciliation and if so, consider seeing a marriage counselor. Filing for divorce is a personal decision and one you should feel confident in making. If you are uncertain, you can still consult with an attorney to learn your options and that may help you make an educated decision.