Key Issues Impacting Women in Divorce
Child Custody & Support
Child custody is often a top concern for mothers during divorce, involving decisions about living arrangements, financial support, and stability for children. At Skillern Firm, we focus on fighting for custody arrangements that prioritize your children’s best interests and fair child support agreements. In cases of abandonment, endangerment, or a spouse’s criminal behavior, we can help you pursue sole custody or advocate for the termination of parental rights to protect your children.
Division of Marital Assets
As a community property state, Texas typically divides marital assets equally, but complexities arise with properties, investments, or businesses.
Women who have sacrificed careers for a family often face financial uncertainty. We can pursue your fair share of assets, including the family home, retirement accounts, and business interests while navigating legal complexities like business valuation.
Spousal Support
Spousal support isn’t automatic in Texas but may be available if you meet criteria such as a long marriage, disability, or caregiving responsibilities. We can help you pursue support to maintain financial stability as you transition to post-divorce life.
Domestic Violence
Domestic violence is a critical issue affecting many women during divorce. If you or your children are in danger, seek immediate help from resources like the Houston Area Women’s Center. We assist with protective orders and prioritize your safety throughout the process, handling these cases with care and urgency.
Division of Marital Assets in a Houston Divorce
If your husband has already filed for divorce, he might have presented you with an offer about assets, such as who gets the house and which vehicle you get to keep. You should never accept these offers without consulting with a divorce attorney, specifically for women, who can review the situation and confirm you are getting your fair share. This is especially true if he controls the household finances and/or he is the primary breadwinner.
Unfortunately, it’s not uncommon for a party to hide assets when they prepare to file for divorce or suspect their partner will file. An experienced divorce attorney for women can fight for you to get your share of any hidden assets, whether money, investments, or real estate.
Community Property & Types of Divorce in Texas
While women have made strides over the decades, male privilege is still alive and well in Texas. This often becomes painfully apparent to some women as they go through the divorce process, especially if they are in a marriage where their husband is the primary breadwinner. Community property laws help even the playing field when going through a divorce, even benefiting men whose wives bring in the majority of household income. The skilled divorce attorneys at Skillern Firm can help you navigate this complicated procedure.
Texas is a community property state, which means that courts equitably distribute assets earned during the marriage to spouses in the event of a divorce. A no-fault divorce typically results in a fairly equal division of assets, and it’s often less expensive, making it the most common choice for many couples.
In a fault divorce, the person who filed the divorce must prove that their spouse behaved in a way that justifies their request for dissolution based on specific grounds such as cruelty, adultery, or abandonment. These elements can impact the division of assets and spousal support because judges have the discretion to stray from the default of equitable division of property in Texas.
Marital Assets Women in Houston Must Divide During a Divorce
Divorce is often a time of anger, frustration, sadness, and grief, sometimes leaving minds cloudy and people uncertain about the next steps. If you are a woman in Houston seeking a divorce from your husband, or he has filed for divorce, you need the knowledge to protect yourself.
A divorce lawyer can compound that protection by making sure all assets and asset types are covered, but here is a partial list of the things you need to consider when a divorce is in your future:
- Your family home
- Any other real estate such as rental properties, a condominium in downtown Houston, a ranch in the country, a vacation home, vacation timeshares, etc.
- Vehicles, ATVs, boats, scooters, motorcycles, lawnmowers, etc.
- Tools, dishes, pots, pans, and everything inside your pantry, cupboards, etc.
- Personal items, including clothes, jewelry, shoes, etc.
- Artwork, sculptures, photos
- Investments including 401Ks, IRAs, and other types of savings accounts
Getting Your Fair Share of Business Assets During a Divorce
Did your husband start a business during your marriage? Did you build a business together, investing your time, energy, and hard work? Or did you manage the home and care for your children while your husband focused on growing a business? If you answered yes to any of these, you have a right to a portion of the business’s value during the divorce.
That said, it’s essential to approach this process carefully to avoid harming the business, as its success can impact you, your spouse, and your children. The team at Skillern Firm can guide you through the legal process, helping you understand concepts like personal goodwill and how business value is determined under the law. Let us help you protect your interests while navigating this complex aspect of divorce.
Child Conservatorship in a Houston Divorce
Full legal custody is called sole managing conservatorship in Texas, but achieving it can be challenging. Courts prioritize the child’s best interests and believe both parents should remain involved. To gain full custody, a parent’s rights must first be terminated—a rare outcome unless specific circumstances apply.
Grounds for Termination of Parental Rights
Abandonment
- Leaving the child with someone else and stating they won’t return.
- Failing to provide support for three months while the child is in someone else’s care.
- Abandoning you during pregnancy and after childbirth, knowing about the pregnancy.
Child Endangerment
- Placing the child in harmful surroundings.
- Endangering the child’s safety through drug or alcohol abuse and failing to seek treatment.
- Convictions for crimes involving the death or injury of a child or sexual assault.
Child Support in Houston Divorces
Child support is separate from custody and follows state guidelines, though courts may adjust amounts based on circumstances.
Typically, the breadwinner pays support, even with joint custody. Payments often start at 20% of adjusted income for one child, increasing by 5% per additional child, but may be reduced if children are from other relationships.
While the court largely determines child support, some spouses may attempt to hide income. A divorce lawyer can help uncover undisclosed earnings to calculate accurate figures.
Violence Against Women and Houston Divorces
Domestic violence is a widespread issue, with over 5,000,000 acts committed against women annually in the U.S., including Houston. If you or your children are being abused, it’s crucial to leave immediately, as violence often escalates and can become life-threatening. For safe housing and support, reach out to the Houston Area Women’s Center. Once you’re in a secure place, contact us to start the divorce process, including obtaining temporary restraining orders for your protection.
Spousal Support for Women in Houston Going Through a Divorce
Texas courts are generally reluctant to award alimony, only allowing spousal support under specific circumstances. Women often face financial challenges after divorce, earning less than during marriage and balancing childcare responsibilities that can limit career growth. Reentering the workforce while managing primary caregiving duties can be especially difficult for stay-at-home mothers.
Spousal support is only granted if you lack the property or income to meet basic needs and meet one of these conditions:
- Your husband was convicted of a violent crime against you or your children within two years before filing.
- You were married for at least 10 years.
- You have a physical or mental disability preventing self-support.
- You care for a child with a mental or physical disability.
If court-ordered, payments are capped at $5,000 per month or 20% of your husband’s gross income. Reaching an agreement outside of court is often preferable.
Our Female Divorce Attorneys at Skillern Firm
At Skillern Firm, we understand that some want to work with women attorneys. Whether you have had traumatic experiences with men or you feel more comfortable confiding in another woman, our team includes seven skilled women attorneys who have the skills and experience necessary for your case.
Robin W. Klein graduated from South Texas College of Law in 2004. She became board-certified in family law by the Texas Board of Legal Specialization, something that just 1% of the family lawyers in Texas have accomplished. She has worked for over 13 years, focusing exclusively on family law.
As a single mom, she understands the difficulties facing women regarding divorce, children, and financial struggles. She has a passion for helping her clients get through the legal process friction-free so they can continue with the next chapter of their lives.
Caitlin attended South Texas College of Law, where she committed most of her time to issues that affect our clients, including family law, estates, marital property, and family trial advocacy.
Caitlin has been a member of Skillern Firm for over seven years and has practiced family law exclusively. She is well-equipped to handle all types of family law matters and guide you through the process.
Tina is passionate about advocacy, and her approach is responsive and client-focused.
Tina has a degree from the South Texas College of Law and a mediator’s certificate from the Frank Evans Center for Dispute Resolution. She strives to help families foster healthy co-parenting relationships.
