6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
Does Every Texas Divorce Need an Attorney?
Coming to the decision to pursue a divorce from your spouse is stressful, and you are no doubt wondering about the first steps to take in this process. Divorces in Texas can be complex, and while you are not legally required to have an attorney during your divorce, having a legal professional to advocate for you and your rights is essential for ensuring your divorce agreement is favorable. An experienced Texas divorce lawyer can explain your options.
Is It Possible to Divorce Without a Lawyer?
In Texas, no-fault and uncontested divorces are possible. An uncontested divorce has the potential to be settled without a lawyer, though this process can be confusing to navigate alone. If you are pursuing an uncontested divorce, it is important to note that you and your spouse must meet certain requirements and that you do not disagree about any factor of your divorce.
Can Divorce Affect My Adopted Child?
Divorce can be a complicated process, and if you and your spouse have recently adopted a child, or if you have adopted your partner’s biological child, you may be wondering if this will affect your divorce proceedings. An experienced Texas divorce lawyer can answer your questions about child custody and adoption as you navigate your divorce.
How Will the Courts Treat My Adopted Child During Divorce?
Regardless of whether you have adopted your spouse’s biological child or if you and your spouse made the decision to adopt a child together, the courts will treat your adopted child during a divorce exactly the same as they would any biological child. Once you adopt a child in Texas, they are treated no differently from a biological child in terms of rights.
However, it is important to keep in mind that if you and your spouse have been moving through the adoption process and have yet to adopt, but are planning to divorce before this process is completed, you may run into some challenges. Additionally, birth parents may be able to step in and stop an adoption if the adoptive parents start the divorce process before the adoption is final.
Will My Child Custody Case Need a Guardian Ad Litem?
During the process of divorce, child custody issues often arise. These issues are made more complex by the refusal of both parents to come to agreements on parenting plans, or one spouse is experiencing issues with substance abuse or situations that bring their ability to have custody of the child into question. In some cases, complex child custody issues need the assistance of a guardian ad litem to help advocate for the best interests of the shared child.
A Texas child custody lawyer can help review your child custody case and provide you with guidance on whether or not a guardian ad litem is needed.
What Is the Role of a Guardian Ad Litem?
A guardian ad litem is an advocate appointed by a court to represent a person's best interests. In a child custody case, a guardian ad litem advocates for the child's interests in any agreements regarding educational choices, custody plans, and medical or healthcare choices. With the help of a guardian ad litem, a complex child custody case that is highly contested can stay focused on the shared child's needs and best interests.
Will a Protective Order Affect My Texas Divorce?
Seeking a divorce from someone who may be abusive or violent is difficult, and you may need to obtain a protective order during your Texas divorce. If you take out a protection order, it is important to know how it might affect the divorce process. Consult an experienced Texas divorce lawyer for details on obtaining a protective order and guidance for the divorce process.
How Do I Get a Protective Order in Texas?
You must file for one in court if you need to obtain a protective order in Texas. The Texas Family Code details who may be eligible to obtain a protective order, and these are typically filed by an attorney, an adult seeking protection from a spouse or another individual, or a family member with guardianship over a minor or another individual.
Can My Spouse Stop Me From Gaining Child Custody?
During a divorce, one of the most challenging things to deal with is child custody division. With both parents likely wanting to maximize their time or with one parent advocating for most of their child's custody, it isn't easy to agree.
Suppose you wonder whether your spouse can stop you from gaining child custody. In that case, meeting with a Texas child custody lawyer to explore your options and pursue a fair child custody arrangement is essential. Get the important legal guidance you need.
Navigating a Child Custody Battle
Child custody battles are highly stressful, and these challenges can stretch if you and your spouse are finding it hard to agree. According to the Texas Family Code, either parent can be granted custody over a child depending on their best interests. This replaces former laws that favored the mother of a child as the primary custodial parent.
Can I Request a Paternity Test During a Divorce?
Some of the most significant issues that are raised during a divorce are child custody and parental agreements. If you have questions about whether or not you are the father of the child or if you need confirmation about the parent of your child, you need to request a paternity test during your divorce. An experienced Texas paternity attorney can help you explore your options for a fair divorce.
Why Request a Paternity Test During Divorce?
Establishing the parentage of a parent is essential for both married and unmarried parents, but it is especially important when it comes to divorce. Verifying who a child's father is helps to determine child custody payments, parental agreements, and other complex child custody issues.
Common reasons that either spouse may request a paternity test during their divorce include:
- The parentage of the child has never been established.
How Are Assets Divided During My Texas Divorce?
Navigating a divorce is stressful, and if you share many assets with your spouse, you may be wondering how these assets will be divided. Property, bank accounts, and even businesses have the potential to be divided during a divorce, and you no doubt want to receive the most fair division of assets for your situation. Having an Austin divorce lawyer in your corner is important when looking through your assets and how they will be divided.
Understanding the Division of Assets in Texas
In Texas, any properties acquired during marriage are considered community property. During your divorce, any assets that have been developed or contributed to by both spouses will fall under the category of community property and be divided as evenly as possible. Debts acquired during the marriage will also be divided.
How Can I Win My Child Custody Case?
Many parents going through a divorce are interested in putting their child's needs first and want to be sure they win their child custody case. However, several factors go into determining child custody, and complex child custody cases make this process more stressful. An experienced Texas child custody lawyer can help you navigate child custody agreements and work for the best results for your child.
What Makes a Child Custody Case Complex?
Emotions tend to run high during child custody cases, and when a child custody case is not able to be settled amicably, it becomes more complex. Issues that might make child custody difficult to navigate through include:
- One parent accuses the other of abuse, including sexual abuse or substance abuse.
- One parent accuses the other of being unfit.
- A child has special needs or medical issues that need to be factored into a child custody plan.
Is My Spouse Hiding Assets from Our Divorce?
Disclosing financial assets is an essential part of the divorce process. Both partners involved in a divorce will need to fully disclose their assets so property divisions and divorce agreements can be settled as fairly as possible. However, spouses may sometimes attempt to hide assets to prevent them from being shared. This creates issues forming divorce agreements and can lead to complex divorces.
A Texas divorce lawyer can help you figure out how to divide assets fairly and provide guidance if your spouse is hiding assets.
Signs Your Spouse Is Hiding Assets
Hiding assets involves:
- Gifting money to others who will return it after the divorce.
- Reporting lower amounts of income.
- Refusing to share financial information.
How Can I Prepare for a Complex Divorce?
Divorce is a challenging process, and the stakes are higher when high-value assets, children, and conflict are involved. Divorces that involve substantial assets or conflicts are considered complex divorces, and settling a complex divorce is often more difficult and lengthier overall. An experienced attorney will work to help you settle a complex divorce favorably and make this process less stressful.
What Is a Complex Divorce?
Complex divorces are those that involve high-value assets and high-value net worths, in addition to divorces with significant conflict and issues settling agreements, such as child custody arrangements. Complex divorces may deal with assets subject to various Texas tax and property division laws, which makes having an experienced divorce attorney in your corner all the more important as you divide property and assets.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
