How will our property be divided?
Texas is a community property state. There are two (2) types of property that a person can have – community property and separate property. Separate property is property which is owned either prior to the marriage or received during the marriage as a gift or inheritance. Separate property cannot be divided by the Court. Community property is any property that is not separate property and can be divided by the Court in a manner that the Judge deems to be just and right. There is no requirement of an equal or 50/50 division of the community property.
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, settlement conferences and other alternative dispute resolution methods.
My spouse has been physically abusive to me and I am afraid of what they will do if I file for divorce?
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?
To serve as a mediator one does not have to be a lawyer. However, in most instances it is beneficial to have a lawyer serve in that role so that all issues can be clearly and finally resolved. The mediator is impartial and does not take sides. Their role is to help facilitate an agreement.
I am afraid my spouse has hidden money – can we find it?
We can utilize the services of financial experts to help trace funds, characterize property and prove waste and fraud claims.