Spring Valley TX Divorce Lawyer
Filing for divorce is never an easy decision, and it can be incredibly complex to separate from someone when your lives are so interwoven.
Separating your property, sharing time with your children, and transitioning to a new way of life can be a long journey, and it is important that you have support.
Our team of Spring Valley divorce attorneys at Skillern Firm is here to guide you. We offer experienced legal representation and personalized support. We will help you and your spouse negotiate a divorce decree that meets your needs, and are prepared to fight for you in court where necessary.
At Skillern Firm, our entire team of divorce lawyers is dedicated to family law in Texas. We help people navigate divorce every day and are prepared to handle even the most complex situations, including those involving high assets, a child custody battle, and more. When you secure representation from us, you can rest a little easier knowing that someone is working hard to protect your future.
A divorce decree is legally binding, and it is not easy to change the terms. Therefore, you should ensure you have legal representation from an experienced family lawyer.
Find out more about your next steps by contacting Skillern Firm today for an initial consultation. Call our law office now at 936-213-8479.
Grounds for Divorce Under Texas Divorce Law
Before you file for divorce, the first thing you will need to establish is the grounds.
Most divorces in Texas file on grounds of insupportability, which is known as a ‘no fault’ divorce. In a no-fault divorce neither party is blamed for the end of the marriage, and both spouses jointly agree that divorce is the right option. The benefit of this is that the burden of proof is very low.
There is also the option of filing for an ‘at-fault divorce’. Justifications include adultery, abuse, abandonment, felony convictions, or mental incapacitation. To file for this type of divorce, you will need to provide evidence, and it may impact the Judge’s decisions on key issues, such as child custody.
What is a Contested Divorce in Texas?
In Texas, a contested divorce is when separating spouses do not agree on important aspects of their divorce and require divorce lawyers or court involvement to help them make decisions.
A contested divorce will involve negotiation, mediation with the audience of a family law attorney, and sometimes a court hearing.
Although it is good if spouses can come to amicable agreements, sometimes outside help is necessary, especially considering the far-reaching implications of a divorce decree.
When is a Contested Divorce Recommended?
A divorce attorney will sometimes recommend a contested divorce to ensure that their clients’ interests are protected and that decisions are legally made.
Some examples of when a contested divorce is necessary include:
- Hidden assets.
- A history of abuse.
- Complex or high-value assets.
- Disagreement about wanting to file for divorce.
- Disagreement over child support, child custody, or spousal support.
- Evidence of some type of fraud.
Contested Divorce Step by Step
The first step will be for one or both parties to file an Original Petition for Divorce, specifying the reasons why you are asking for a separation. You may also ask for temporary orders to get guidance on key issues while you wait for your divorce to be finalized.
We recommend that you contact an attorney before you file for divorce so that you can work out a strategy and have guidance on your individual case from the very beginning.
When the court receives your documents, they will be served to your spouse, who will then have a limited amount of time to respond. If they fail to respond in time, it is likely that you will be granted your requests for temporary orders.
In a contested divorce, your spouse is likely to respond with a counterclaim, and it is likely that they will seek an attorney of their own.
The first major event of a contested divorce is usually a hearing to decide upon Temporary Orders. These will provide guidance for divorcing spouses on issues such as child custody and child support while the divorced is finalized.
Temporary Orders may involve several days of hearings, evidence, and witnesses. Although they are temporary, they should be taken seriously, as the decisions that are made could impact the final decisions of the divorce decree.
Each side will have its own attorney who will facilitate the negotiation process. This will help ex-spouses come to agreements on key issues.
Mediation can be challenging for warring spouses, but there are many benefits. It allows spouses to come to personalized arrangements and saves time and money on the court process. Even if spouses do not want to be amicable with each other, the Judge will usually expect them to at least try.
If a settlement cannot be reached with mediation, then a trial will be necessary. Evidence will be presented, and arguments made so that the Judge or jury can make the final decisions.
In a contested divorce, securing representation from an experienced divorce attorney is crucial to your success.
Family Law Matters in Spring Valley, TX
At Skillern Firm, we can guide you through all the legal matters of your divorce. Some important factors which may be relevant to your case include:
Child custody is often a highly contentious issue. It is common for both parents to want custody of their children, and arguments and hostility can make it exceedingly difficult for ex-spouses to reach an agreement.
A skilled mediator will help you arrive at a parenting plan that prioritizes the needs of your children. Our goal is always to keep both parents in the child’s life unless there is a reason not to.
If you are concerned about the impact your ex-spouse could have on your child’s well-being, then it is imperative that you contact a divorce lawyer as soon as possible. If appropriate, they will evidence your claims and help you fight for sole custody.
Parents have a legal responsibility to contribute to the upbringing of their children financially. Most child custody arrangements will involve shared custody. However, one parent will need to be the residential parent, meaning the child will live with them for the majority of the time. Therefore, the other parent will usually be required to pay child support.
When dividing property in Texas, the first step is to split the property into separate and community property.
Separate property includes assets owned by either party prior to marriage or those given as inheritance or gifts. These continue to belong to each individual after the marriage has ended.
Community property includes assets acquired during the duration of the marriage. Community property is presumed to belong to each spouse equally. However, it can be split in a ‘just and fair way’ if spouses can attest to why certain property should belong to them after divorce.
When dividing property, many factors should be considered, including who is the primary caregiver of the children, the earning capacity of each spouse, and how much separate property each spouse has.
Property division is highly complex, especially if there are high assets, self-owned businesses, pension accounts, stock and bonds, offshore property, or other complex assets involved. It is essential that you have a divorce attorney who is willing to do what it takes to protect your best interests.
Spousal support is not awarded in every case. However, if you gave up a career to care for your children or you need support to maintain your reasonable needs of living after divorce, then you may qualify. A family law attorney can help you fight for what you deserve.
Recovery of Attorney Fees
When one spouse has significantly more assets than the other, they could try to drag out proceedings so that the other spouse runs out of money to fight their case.
This is vindictive and should not be tolerated. In these situations, a Judge could order them to pay your attorney fees.
At Skillern Firm, we have worked with many people who have suffered domestic abuse. We understand the importance of acting quickly and will get right to work on filing an injunction order against your spouse to keep them away from you.
We will help you evidence your claims and will make sure that the court is aware of your experiences.
We also help those facing false abuse accusations. If your spouse is making false allegations, then it is essential that you secure legal representation quickly.
Why Should I Hire a Spring Valley, TX Divorce Attorney?
Divorce can be incredibly stressful, but a good lawyer will help you to navigate your emotions and will help situations run smoothly. They will offer practical advice and will be there as a source of support when you need it most.
Reasons to hire a divorce attorney include:
It can be difficult to make practical decisions in matters where you have a deep emotional connection. Your divorce attorney will offer clear guidance and will keep you on track to meet your goals.
Securing the right settlement that meets your needs is possible when you have an experienced divorce lawyer who is highly skilled in communication, mediation, and Texas family law.
Your divorce attorney will ensure that you file all your paperwork correctly and on time and will take away the stress of the legal process.
Secure Your Fair Share
How your assets are divided will have a massive impact on how financially secure you are after divorce. Your attorney will ensure that you get your fair share and that the assets which are important to you are protected.
Protect Your Rights
We are committed to guiding you through every step of the process. Often, knowing and understanding your rights is the key to securing what you deserve and getting the best possible outcome in your case.
Contact a Spring Valley TX Divorce Lawyer Today
At Skillern Firm, we are dedicated to serving clients who are navigating divorce in Texas. This narrow focus gives us a clear advantage. Unlike other law firms who try to do it all, from criminal law to family matters, we handle divorce cases every day.
We are proud of all of the attorneys at our law firm. For example, Robin Klein, Senior Counsel, is Board Certified in Family Law by the Texas Board of Legal Specialization, an achievement that only 1% of family lawyers in Texas have accomplished. She has been exclusively practicing family law for over 13 years and belongs to the State Bar of Texas.
At Skillern Firm, we value the attorney-client relationship and will fight to protect your rights from start to finish.