Cypress Property
Division in
Divorce Lawyer

Factors That Impact
Marital Property Division

It is rare for spouses to agree on the division of marital property. While the high-earning spouse may feel that they have contributed more and therefore deserve a higher percentage, the other spouse may believe that they are owed more because of the sacrifices they have made to care for a house or children. In addition, if one spouse is unable to maintain the quality of life they have become accustomed to, without a higher percentage of the community property, then this could also be justification for an equitable split. When the court decides how to split marital assets, they will consider many things, including:

• How long the marriage lasted.
• Each spouse’s age, health, and employability.
• Each spouse’s ability to support themselves financially after the divorce, and their willingness to try.
• Whether one spouse committed acts such as domestic abuse or adultery that broke down the marriage.

There may also be additional complications if the couple lived together in a property that is classified as separate, but then both go on to contribute to renovating the property. Similarly, if one spouse has helped the other pay off debt or contributed to a business that is considered separate, then all of this should be taken into account.

Skillern Firm Divorce & Child Custody Lawyers Divorce Lawyers Practice Areas

Skillern Firm Divorce & Child Custody Lawyers is a law firm committed to family law cases, as well as property division. We offer a variety of legal services to help our clients at every stage of family law. Our legal services include:

Spousal support

Spousal support is another important issue in regards to your financial security moving forward. In Texas, spousal support or alimony is not always granted. There must be a justification as to why it is needed, for example:

• A marriage lasted at least 10 years and the requesting the spouse is unable to earn sufficient income to maintain “minimum reasonable needs” after divorce.
• Cases involving domestic violence.
• An inability to be self-supporting due to an illness or disability.

Alimony is complex, and like property division, the Judge can consider the education, health, and earning capacity of those involved, as well as the length of the marriage and who has custody of the children. They will also consider whether the requesting spouse has made an effort to try and be self-supporting. If you are fighting for alimony, or you don’t believe that you should have to pay it, a Cypress, TX divorce lawyer at Skillern Firm Divorce & Child Custody Lawyers can help.

Child support

When two people have a child, certain responsibilities and rights are placed upon them as a parent. This includes the responsibility to financially contribute to the upbringing of that child. When a marriage ends and there are children involved, the higher-earning spouse will usually be made to pay child custody, unless they themselves are the primary caregiver.

Child custody

Few issues are as emotional as child custody, especially if one spouse believes that they should be granted sole custody. It has a high potential to cause a breakdown in negotiations, which is why couples with children can greatly benefit from a skilled divorce lawyer.

At Skillern Firm Divorce & Child Custody Lawyers we prioritize mediation, as we believe that this is often what is best for our clients, and their children. We pride ourselves on our ability to help couples come to amicable agreements, even on complex matters such as child custody.

We want what’s best for the children, which usually means keeping both parents highly involved in their lives. However, if one parent is likely to have a negative impact on the children’s well-being, for example, if they are guilty of abuse or substance misuse, then an attorney can help you to keep your children protected from them. Even in these situations, the court may approve supervised visitation.

Modification of order

Court orders are legally binding, however, they can be modified if a substantial change in circumstances can be evidenced. Circumstances change over time, and sometimes commitments made in a divorce order are no longer viable, or no longer in a child’s best interests.

For example, if one party becomes ill, loses their job, or finds hidden assets, these could all be justifications for a modification. Another justification could be if you have found your partner to be misusing substances or abusing your children. If this is the case then a Cypress, TX divorce attorney can help you get a protection order so that your children are kept safe while you seek a modification.

Mothers’ and fathers’ rights

Texas courts are required to make family law decisions free from gender bias. However, that does not stop some judges from having biases. When you hire an attorney, you ensure that your rights are protected, at Skillern Firm Divorce & Child Custody Lawyers we will always fight for your best interests and won’t rest until we have secured a fair outcome in your case.

Recovery of attorney fees

If your ex-spouse earns significantly more than you, then you may be able to recover your attorney fees. It is only fair that you each have access to high-quality legal representation.

Questions to Ask Potential Divorce Lawyers

Many of our clients have never hired an attorney before and approaching the right law firm can feel like a daunting task. Here are some questions that you may want to ask your divorce attorney in Cypress, TX:

• How much experience do you have?
• Who is your typical client?
• Have you represented similar cases in court?
• What level of communication can I expect?
• Can I see testimonials from your previous clients?
• What is your legal specialization?