Our Practice Areas
If you are planning to divorce, you should do everything possible to spare yourself the potential strife and conflict that many people encounter during this process. The same problems that have caused you to decide to end the marriage-animosity, disagreements, difficulty communicating-can easily be magnified by the pressure of a divorce. You should retain an Austin divorce attorney who can help you avoid the financial and emotional costs of a drawn out contested divorce. You want someone representing you that is qualified and devoted to your betterment; that is what you gain at our firm. Read more about in which we offer assistance:
Alimony
A divorce settlement may include some form of spousal maintenance or alimony. This is payment that is given to one of the spouses that may be deemed a dependent by the court. The dependent spouse could have become reliant on the other while they remained at home with the kids or could have grown accustomed to a lifestyle. A couple may be able to come to the decision on the terms of their alimony or the court will make a ruling based on a number of factors.
Annulment
State law lists several circumstances under which you can have your marriage annulled, such as if you were under the influence of alcohol, if either spouse was not of sound mental capacity, or if the consent to marry was secured through fraud. An annulment would free you from the marriage without the necessity of a divorce.
Child Custody
Divorces between parents can be especially difficult, and it is important to have an attorney to defend your position. Both parents usually feel very strongly about preserving their relationship with the children, but it is vital to shield them from the negative emotional impact of a drawn out legal conflict. The court will rule in favor of a plan that serves the best interests of the children.
Child Support
Parents are emotionally and financially obligated to care for their children – even if the child’s parents are unmarried or divorced. Child support refers to the financial support that parents owe their children. A wide variety of factors determine the amount of support each child needs, including age and educational requirements. Child support payments are difficult to modify, so obtaining a fair agreement is important. A child cannot obtain support unless his/her paternity is established.
Cohabitation Issues
Unmarried couples who live together without a ceremonial wedding may be considered married in the eyes of the law. This can cause property division problems when the relationship ends.
Contempt Issues
If your former spouse is refusing to pay alimony or child support, you can take legal action to enforce your rights. This is also true when the other parent is violating the custody or visitation agreement. If you bring the matter to a judge, the other party could be held in contempt of court and penalized.
Domestic Violence
If you are the victim of domestic violence, you can get compassionate support at our firm. We may be able to assist you with seeking a protective order from the court, followed by filing a petition for divorce. Allegations of spousal abuse can influence the judge’s ruling on matters such as asset division, custody and alimony, whether you are the victim or if you are being accused.
Equitable Distribution
State divorce law seeks to divide marital properly fairly, rather than evenly. Because there may be a large disparity of income between you and your former spouse, as well as a substantial difference in individually owned assets and cost of living, the court may assign more of the marital property to one party than the other. You can influence the outcome by retaining an effective lawyer.
Family Law
Family relationships are of vital importance in our society, and the legal system takes a strong interest in protecting the stability of families in the community. Having a family lawyer to advise you and provide representation can make a significant difference in the outcome of any type of dispute.
Fathers’ Rights
The term “fathers’ rights” refers to the innate rights that every father has to develop and maintain a relationship with his children. This includes visitation rights and child custody rights. In relation to family law, fathers’ rights issues are closely related to paternity. A father cannot demand these rights in court unless he establishes paternity first. Establishing paternity allows the father to seek child custody and may obligate the father to pay child support.
Grandparents’ Rights
like fathers, a child’s grandparents may have legal rights. Generally speaking, “grandparents’ rights” refers to child custody and visitation agreements. Grandparents’ rights are usually granted when the grandparent has served as the child’s primary caregiver for an extended period of time. If the child develops a close relationship with his/her grandparent, the grandparent may be able to obtain visitation rights after the child’s parents divorce.
Mediation
Divorcing couples who are capable of constructive and respectful communication will often benefit from retaining an attorney who is trained in mediation to help them resolve any outstanding issues. A mediator will not represent either person, but will act as a third party, neutral in every discussion.
Modifications
You can petition the court to modify your final decree of divorce or other court order when some aspect of the settlement is no longer workable for you. Whether you need to increase or decrease the amount of alimony or child support, or if you are seeking to alter the custody agreement, you should seek the counsel of a lawyer who can help you make your request a success.
Parental Relocation
The parent who has primary custody of the children cannot usually move a great distance or out of state without approval from the other parent or a court order. If you need to move for work, to be closer to family or for any other reason, the court will have to grant permission to do so. The non-custodial parent can attempt to block the move if it is not in the children’s best interests.
Prenuptial Agreements
Some couples are afraid to discuss prenuptial agreements because they involve the possibility of divorce. Divorce is a reality, but establishing prenuptial agreement does not necessitate a future separation. In fact, prenuptial agreements can be a growing experience for couples. Prenuptial agreements are designed to protect the financial assets of each spouse so that, in the event of a divorce, the couple will not have to deal with a complicated asset division dispute. These agreements can involve child custody issues.
Property Division
Texas is a community property state, so nearly anything you acquired during the marriage will be considered as shared between you and your former spouse for purposes of property division Separate property is not subject to division, and one of our attorneys can advise you if there are separate property issues in your case.
Protective Orders
If you feel threatened by your spouse or former spouse, you can go to court and request that the judge issue a protective order. The other party will be prohibited by law from harassing or abusing you, and you will have the safety and peace of mind you deserve. However, the court will only approve your request if you can clearly demonstrate that it is needed.
Uncontested Divorce
It is to your advantage to get an uncontested divorce if at all possible. In an uncontested divorce both parties are in agreement about all the issues involved, including custody, division of property and spousal support.
How to File
Your divorce is something that you want to fail to give proper attention to. There are many important deciding factors and if you do not look out for your interests, you cannot guarantee that they will be considered. The first step to take when filing for divorce is to retain the services of a professional. The type of divorce you are dealing with will need to be determined and this will be a large factor in how to proceed from there. If you divorce is contested or uncontested there will be many important distinctions to be made.
A petition will need to be filed with District Court Clerk and from there it will be appointed to the correct location. After your spouse is served or you have been served, temporary orders may be necessary to make decisions on issues such as who the children live with or who pays the bills for the duration of the case. You want a skilled attorney representing you to increase the chances of receiving a positive settlement or verdict.