What distinguishes this kind of traumatic event from others is that while most traumatic events last just a few hours or days, the divorce process can last months to years. Further, while most traumatic events remain private, divorce can be a very public experience impacting your relationships at school, work, church, and elsewhere. Texas even allows for jury trials in divorces and custody disputes when requested by one of the parties, which dramatically intensify the public nature of a dissolution of marriage. That’s a lot to manage, and you certainly shouldn’t try to manage it alone. You will need quality legal counsel and advice from an experienced attorney to navigate the rough and often treacherous waters of a divorce.
That’s why we’re here. Our experienced and award-winning family law attorneys in all six of our law offices provide legal services that will help you get through your most turbulent time as smoothly as possible. They will guide you to safety helping you keep not just your resources, but your sanity as well.
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Most of the time when clients have dependent children and are navigating through divorce proceedings, the children’s care becomes the central and most important issue. Divorce is traumatic for adults who have a general idea of what is happening and the reasons behind it. On the other hand, children typically have limited understanding, virtually no life experience to help them grasp their situation, and often simply want to remain close to both their parents. They are quite literally caught in the middle in most situations.
Fortunately, our courts and the law have processes designed to help them cope with the changes. Quality attorneys, like those at LLS, are adept at working with children through the divorce process, and then even after the divorce papers (called a Final Decree of Divorce) are entered.
It is important to note that one cannot get divorced without the Court’s approval, and when children are involved, the best interest of the children will be the standard by which the Court makes that decision. The Court must maintain at least minimum ongoing contact between both parents and the child(ren). The Court will make sure that the children are supported financially, and that they have access to health care including vision and dental resources. They will often issue residency requirements (commonly called geographic restrictions) on one parent or both.
As family law and divorce attorneys, it is our job to know what the Court will require and to help you make educated decisions before an order is entered. We have worked with thousands of clients as they go through this process, and we know where the dangers lie. We work tirelessly to ensure your child custody arrangements, child support, and rights and duties are child-centered and sustainable for the long term.
One important area that the Court considers when entering a final decree of divorce is whether both parties are financially stable. In many households, one partner earns all or most of the household income. State law specifically requires the Court to consider whether both parties can maintain their basic minimum needs before determining what is a just and equitable division of the community estate.
Many final divorce settlements have provisions for spousal support (commonly called alimony) to ensure both parties land on their feet after their divorce is final. Those orders are often limited in time, so it is imperative that one has an experienced attorney on their side who knows what evidence will convince a Court to order spousal support, and how to get the evidence admitted within the Rules of Evidence.
Divorces divide property, so by their nature everyone loses some property in a divorce. Therefore, valuation and distribution of the marital estate (or division of property) is not something to take lightly. Our attorneys are knowledgeable of the rules regarding community and separate property. They know when something is yours alone and not divisible by the Court (as with inheritance, gifts, pre-marriage property, and other statutorily defined separate property). Even when community and separate property is clear, it can often be hard to quantify monetarily.
A proper valuation of personal property often leaves clients shocked as to the real value of their estate. Real property (houses, land, ranches, etc.) can be even harder to value without experts. Finally, retirement accounts and pensions can be worth millions in some circumstances. One mistake, and you could lose it all. If you want to ensure a favorable division of your community estate, let LLS’s award-winning attorneys make sure you receive what is just and right.
Sometimes, the division of assets and debts can be made prior to divorce. When done properly, this can be the strongest protection from personal tragedy and financial ruin. Well-written prenuptial and postnuptial agreements frequently make divorce quick and clean. If you are about to get married, let us meet with you and advise you before you take the plunge. It is easier to keep one out of trouble than to get one out of trouble when they are already in it.
Physical violence toward you and/or your children is never ok. With several former prosecutors of crimes against women and children on the LLS team, we take family violence seriously in the family law cases we handle. We will hit back! We fight hard, we fight fast, and we fight to win. If you or anyone you know has been a victim of violence, call today. We will put the full weight of the Courts in your corner and seek justice through all means available.
Sadly, family violence, dating violence, and household violence are more common than most people may think. Fortunately, there are many resources and avenues for justice that some clients are not even aware of. We are! Your Lighthouse Legal attorney for divorce can help you find hope and freedom.
Once your divorce is final, it is time to plan for your new life. Our law firm has estate planning and succession planning attorneys ready and able to make sure your new estate goes to the family you choose when you pass. LLS wants to protect your future and family in all ways.
Sometimes a divorce means a business changes hands or starts a new chapter. Our business law attorneys are available to modify your existing Articles of Incorporation, create new entities, and / or advise you on all your commercial and business legal issues. We serve as General Counsel for a whole host of small-to-medium-sized family businesses. Protecting your family at LLS also means protecting your business and livelihood.
Sometimes a divorce means selling or acquiring new real property. When it is time to move, it is time to call LLS. Our real estate attorneys are familiar with real property transactions across the board. They have helped clients with everything from partitions to easements. They can help you buy, manage, sell, and negotiate house, ranch, or land purposes. More importantly, our attorneys never work on a commission. You can rest assured our professional advice is based on your best interest, rather than a commission we hope to get. Can your real estate agent say the same?
At LLS, you are a person, not just a number. In our initial consultation, we will discuss you, your family, your hopes for the future, and the legal options that may get you there. We are not there to talk you into a divorce. We are there to give you the best legal advice possible so that you may attain the life you want in or out of the courtroom. We cannot do that without knowing you as a person and ensuring we consider all factors involved.
Afterward, we may discuss “at fault” divorce versus “no fault” divorces. The law in Texas allows for both types. Most divorces are entered without a fault basis, but LLS attorneys often argue for one party or another to be found “at fault” due to infidelity, abuse, abandonment, or other statutorily defined reasons. At fault divorces can also allow for a disequitable division of assets (meaning one party gets more of the community estate than the other).
We may discuss contested divorce versus uncontested divorce, and in certain situations even collaborative divorces. When both parties agree on the terms of the divorce settlement without fighting about it, this is an uncontested divorce. It is cheaper and faster in almost all situations. When the parties cannot agree and need intervention from the Court to settle their disputes, this is a contested divorce. Those cases frequently take longer and are more expensive due to the time and resources required to complete them. Collaborative divorce is a process by which both parties work together to freely exchange information and make decisions. Several attorneys at LLS are credentialed and capable of assisting with the collaborative divorce process.
Both contested and uncontested divorces often require the assistance of a licensed mediator. This is a process the attorneys at LLS know very well as many are licensed mediators themselves. The process involves a trained professional intermediary who helps the parties find middle ground and resolve their disputes amicably and without court intervention. It should be noted, most courts require mediation before they will allow a final hearing or trial.
Even if a divorce is uncontested, it is absolutely critical that you hire an attorney despite the necessary attorney fees. There is no second bite at the apple. Property divisions by a Court are final, and we at LLS have reviewed hundreds of decrees where an unrepresented litigant failed to identify a critical word or phrase and paid for it dearly. Don’t trust your life to a person you are divorcing. Make sure you have someone in your corner giving you honest and solid advice on whether something is in your best interest.
