Hiring an attorney as the first step of getting divorced can be daunting, but Houston divorce attorneys provide guidance through both contested and uncontested proceedings in court systems across Texas.
Experienced lawyers specialize in property division, custody disputes and the valuation of complex assets – and can help you reach a positive resolution of your case without draining resources through lengthy litigation processes.
Legal Issues
Divorce can be an emotionally trying legal process that has the potential to disrupt all facets of family life. There are various issues that need to be settled during a divorce proceeding, such as property division, spousal support payments and child custody arrangements; an experienced attorney can ensure all essential issues are taken care of during this process.
Couples who can agree on key issues can often settle out-of-court. Two effective tools available to them for reaching an amicable settlement include mediation and collaborative law. Mediation utilizes a neutral third party known as a mediator to assist couples communicate and negotiate effectively during negotiations, while collaborative law involves using lawyers as mediators who facilitate agreements between couples in an alternative form of dispute resolution process called collaborative law.
Collaborative law involves direct negotiations between both parties and their attorneys, with an experienced attorney acting as facilitator to make sure all necessary information is obtained during negotiations. They may also assist with discovery processes by requesting documents and interrogatories and seeking admission of facts that have already occurred; and by helping prepare and file the necessary divorce paperwork.
Asset Distribution
Divorcing spouses must determine how they’ll divide their property during divorce. If they can’t reach an agreement themselves, a judge will decide for them. A good divorce lawyer can assist by helping clients understand how property valuation works, providing tax advice, and connecting them with qualified financial experts when needed.
New York is an equitable distribution state, meaning judges have considerable leeway when it comes to valuing and allocating property fairly. Commonly, judges award roughly equal shares of marital property but this isn’t guaranteed as several factors come into play such as income/earning potential of each spouse; post-marriage appreciation in separate property; tax implications and the needs of children.
Your spouse may attempt to hide assets before filing for divorce, whether by withdrawing money from shared bank accounts, selling expensive assets to friends and relatives or giving them away as gifts. A good divorce lawyer can assist in uncovering these hidden assets, negotiate an equitable settlement and fight on your behalf in court if necessary.
Child Custody
Custody proceedings can be both difficult and emotional for parents as well as their children. In an ideal scenario, biological parents would work together on important decisions related to health care, education, religious upbringing and other matters affecting their child; otherwise a judge will make these determinations. Nonparents such as grandparents or close friends may seek custody of an affected child in exceptional cases.
Courts may award either joint legal custody where both parents share decision making authority equally; or sole legal custody where only one makes major decisions about their children’s upbringing. They can also award joint or sole physical custody where the child spends equal time living with both parents, or assign visitation rights to those not custodial parents.
In making their custody determination, judges take into account several factors, including any history of domestic violence as well as whether mental or physical health conditions might impact on the child’s wellbeing.
Spousal Maintenance
What was once known as alimony or support in New York is now more commonly known as maintenance. To determine whether and how much spousal maintenance will be awarded, both spouses must be open about their finances – providing statements of net worth, tax returns, pay stubs and property titles as evidence to the court so it may determine an expected amount and duration of payments from either party.
However, although statutory formulas have been introduced to make calculations more uniform and predictable, judges still retain considerable leeway when awarding spousal maintenance awards. An experienced divorce attorney can help you understand all the factors affecting this determination and advocate for an equitable resolution to meet your financial needs after divorce – temporary maintenance may be ordered while your case is ongoing; post-divorce spousal maintenance payments typically form part of the divorce settlement.