Houston Divorce Lawyer
Divorce litigation can get exceptionally messy without representation. Even with representation, every case our divorce lawyers manage has the potential to explode. Both parties want the best for themselves and any children involved, and this can lead to negotiations that feel like a pressure cooker. Mediation and arbitration become extremely important at this point.
It is rare that both parties come to an amicable agreement beforehand. Common disagreements such as how marital property division should be allocated and whether or not one partner owes the other financial support can break down lines of communication quickly, leading to frustration and an impasse.
Houston family and divorce laws can be pretty complicated, too, with small mistakes costing you valuable money and time. Luckily, you do not have to navigate complex divorce matters alone.
Give us a call today at 936-213-8479!
What Traits Should I Look For in a Houston Family Law Attorney?
We understand that many of our clients have never used a lawyer before, which can make finding a divorce lawyer feel overwhelming. Especially where important issues need to be resolved such as child custody and property division.
Every family law firm claims to be the best, so how can you know whom to choose? Here are the things you should be looking for:
You need an experienced divorce attorney with plenty of wins and recommendations from previous clients. You should ask a potential attorney about cases they have handled that are similar to yours and ask to see testimonials from clients. If a law firm is hesitant to show you their record or is unable to provide such information, stay clear.
The best divorce lawyers are easily contactable and are available for advice or even just to lend a sympathetic ear. That doesn’t mean you should have 24/7 access to them, but they should be prompt to answer your queries.
You should be comfortable talking to your divorce lawyer. They should be compassionate but still able to tell you if they think you are making a bad decision. In your consultation, you can get a feel as to whether you are comfortable talking with them. If you have any hesitation, then you may want to reconsider your choice.
Questions to Ask a Potential Divorce Attorney
We want you to be confident that you are making the best choice and that you find an experienced divorce attorney who is right for you.
Therefore, here are some questions that you could ask potential divorce attorneys:
- What is your level of experience?
- Have you dealt with similar cases to mine in court?
- Who is your typical client?
- What is your legal specialization?
- When can I expect communication?
- Can you show me testimonials from your previous clients?
Why Should I Hire a Houston Divorce Lawyer?
No matter how you and your partner have come to the decision, getting a divorce is a serious decision to make, one that can carry a lot of emotion. This emotion can impede you when you are looking to come to a fair agreement and move on with your lives.
By seeking representation from a skilled divorce lawyer, you agree to representation from a party that is not involved emotionally. We will look at your case from an unbiased standpoint before fighting to get the best possible result on your behalf.
We also manage the hard work, like filing the paperwork, mediating, and dealing with the other party and their divorce lawyer. It is also extremely important that you are represented by someone who can explain to you your legal rights and options as you navigate the complex family and divorce law regulations in Houston, Texas.
Working with a skilled Houston divorce lawyer can make the process simpler and much more manageable.
Skillern Firm Practice Areas
Family law attorneys cover a wide range of different disputes as well as divorces. Our skilled Houston divorce lawyers can help you with every aspect of your case. We cover all family law matters, such as:
When it comes to a court order regarding custody or monetary support, the orders are not permanently set in stone. If your circumstances change for reasons like a lost job or health issue, and you can no longer pay your support, you can ask the court to modify your order.
The court may also modify your order if you feel that your children are no longer safe with your ex. If you have grounds for this request for modification, the judge will listen and may change your custody agreement.
It can be very difficult to get a modification of a custody order. You will need a good cause, and for the best possible outcome, you should make sure you hire the representation of a skilled family law or divorce lawyer who has experience dealing with child custody disputes.
When you are part of a married partnership, you split the responsibilities two ways. Together you take care of the feeding, clothing, and housing of your children. When you and your spouse get divorced, however, it gets more complicated. You will need to make sure that your children’s needs are met between both homes.
The parent who has primary custody of the children is usually the one entitled to financial support and assistance from the other parent who does not have custody.
A skilled Houston family law attorney will be able to help you in all family-related legal matters and will be able to secure you the help and financial aid that you rightfully deserve.
When it comes to higher asset divorces, it can become a lot more complicated to divide property between spouses. All assets will need to be valued and categorized into either community or separate property.
Any property obtained during the marriage is presumed to be community property as Texas is a community property state. To prove otherwise, you will need to show evidence. This is where an experienced divorce attorney proves their worth.
Separate property under Texas law is property obtained by a spouse before marriage or property received from inheritance or as a gift during the marriage.
Figuring out who gets primary custody of the children can be a sensitive subject. One where tempers can run high. For divorcing couples, it can be very difficult to reach an amicable agreement here.
Remember, nothing is more important than your children, and it is essential to put their well-being above the need for anything else.
The best way to navigate this sensitive area is to mediate with a skilled family law attorney. They will prioritize your children from an unbiased standpoint and will ensure they are protected during the agreements.
Mothers’ and Fathers’ Rights
As either a mother or a father, both parents have certain rights. In the state of Texas, these rights are equal and this means neither has the advantage when it comes to seeking custody unless you pose a threat to your children.
This becomes a problem when both parents are fighting for custody, and unfortunately, it can be the children that suffer in a prolonged dispute.
To avoid this, seek the help of a skilled Houston divorce attorney, one who has experience in family law matters and has a stellar attitude towards protecting your rights and your children.
Our job as family law and divorce lawyers is to ensure that your rights are protected. We will help you protect your custody plan if you have primary custody, and we will fight to ensure you can see your children if you do not. We believe that in situations where both parents want to see their children, both parents deserve that right unless proven otherwise.
When it comes to child custody, child support, and spousal support, orders have to be followed and respected by all parties. Things that violate these orders include forbidding your ex from seeing your children or refusing to pay spousal support or child support.
When this happens, the law is on your side, and this means you have the right to seek help. With the help of one of our skilled Houston divorce attorneys, we can sit down with your ex and/or their attorney, and in the worse case, we can ask the court to step in and help too.
If your ex is being unreasonable and is violating the order, this can be grounds to seek an enforcement of the order. Your divorce lawyer will be able to show the court that your ex is acting in contempt of court and is showing disrespect to the court and its orders.
Unfortunately, it is a common misconception that in Houston and the rest of Texas, the property is divided equally between the two parties, but this is not necessarily the case.
Texas is a just and right division state. This means that both parties have the right to their ‘fair’ share of the marital estate. However, ‘fair’ rarely means equal.
There are numerous factors the court can consider in a disproportionate share of the marital estate. The court can consider your ability to earn as well as any debt you have. They can also consider the fault in the break up of the marriage. For example, if one spouse committed adultery during the marriage.
Couples rarely see eye-to-eye when it comes to deciding what is fair or not, but your Houston Texas divorce lawyer will fight to ensure that you get “fair” treatment on your terms.
Recovery of Attorney Fees
Sometimes a spouse may have a larger financial pool to use for their divorce lawyer. When this happens, they might start filing petty claims.
If you think this is the case, your divorce lawyer may be able to request the Judge to order them to pay your attorney fees. This is not guaranteed, and it will be up to the Judge. If the divorce is becoming a financial burden through your spouse’s misconduct, you should consider asking your divorce lawyer about it.
Unfortunately, in today’s world, domestic abuse and violence are common occurrences.
When you seek the representation of a skilled and reputable divorce lawyer, like the ones here at Skillern Firm, we are available to help immediately. As soon as you bring the matter to our attention, we can apply for an injunction from the court, preventing your spouse from seeing or speaking to you.
This gives you room to breathe and will allow you and your divorce lawyer to file your divorce while you and your family are in a place of safety. When it comes to domestic abuse, never hesitate; please seek immediate assistance from the authorities for your safety.
False domestic violence allegations are also on the rise, and it is not unheard of for spouses to accuse their partners in an attempt to ensure custody.
We have experience in dealing with these types of claims, and an experienced divorce lawyer can help you fight these accusations to the fullest extent. With the right divorce lawyer, you can overturn these accusations, discrediting your spouse in the eyes of the court in the process.
Spousal support is crucial for many people coming out of a divorce. To obtain it, you and your divorce attorney will need to prove to the court that you are going to need financial assistance following your legal separation.
Your divorce attorney will help you put forward a compelling case to the Judge. If there is a huge disparity in your income, or you sacrificed your career prospects to take care of your children and family, your divorce attorney will use these reasons in your request to the Court.
As a divorce attorney, it is rare to see a divorce where both parties are amicable and agree on everything.
After a long period spent together, your lives become extremely entangled, and dividing property, deciding custody and calculating alimony can all be sore topics of contention for most divorcing couples.
Contested divorces can get expensive and may take a long time to resolve. A skilled divorce attorney will help you work through these issues and will use their experience to convince the other party that your claims are reasonable and fair and should be agreed upon.
Your divorce attorney might use things like mediation and arbitration when the discussions begin to stall. Every attorney at our law firm is a skilled negotiator, which can save you in the long run emotionally and financially.
Child Custody Arrangements
Child custody is often one of the most strongly debated issues during divorce proceedings. Everyone wants what is best for the child, but it is common for those involved to disagree about what that means. At Skillern Firm, we prioritize the needs of the child and will work with the parents to arrive at the best solution.
If both parties want primary custody and can’t come to an agreement, then a family law Judge will decide on the custody arrangement.
There are three different types of conservatorship, they are:
- Joint Managing Conservatorship.
- Sole Managing Conservatorship.
- Possessory Conservatorship.
Joint managing conservatorship is usually granted unless one party can prove that it is not in the best interests of the child.
Joint conservatorship means that both parents share rights and duties. However, some parental rights can still be exclusively given to one parent, such as the right to receive child support or decide primary residence.
When custody is shared, the parent who cares for the child during the week is considered the primary conservator, while the other parent retains visitation rights.
When sole conservatorship is granted, one parent has the right to make all important decisions concerning the child. This is usually only granted if the other parent has issues that have the potential to negatively impact a child’s wellbeing.
Examples include substance abuse and domestic violence. Any parent who believes that they should have sole conservatorship can submit an affidavit that details all of the accusations they are giving as justification for sole conservatorship. This could result in restrictions on the other parent, such as supervised visitation.
If you believe you should have sole conservatorship, or your partner is seeking sole conservatorship unfairly, then you should speak to an experienced family law attorney at Skillern Firm as soon as possible.
When one parent has sole conservatorship, the other parent can be made possessory conservator. Or, in cases where a non-parent, such as a grandparent, is awarded sole conservatorship, both parents could be made possessory conservators.
Possessory conservators have rights and access to the child but no rights to make decisions on the child’s behalf, such as educational or medical decisions.
Call Our Houston Divorce Lawyers For Help
When it comes to family law disputes, things can get complicated and messy very easily and it is extremely important to keep a clear head throughout the divorce process. You need to ensure that you know your rights regarding legal issues and the legal services offered to you. The best way to do this is to seek legal representation from an experienced divorce attorney.
At Skillern Firm, our attorneys understand how challenging and taxing a divorce or custody dispute can be. Our family lawyers also know exactly what it takes to get the results you want. We will fight on your behalf, and we will not rest until you are happy with the results.
Give us a call at 936-213-8479 to speak to an experienced family law attorney from our legal team today. We are ready to help.