Katy Property
Division In
Divorce Lawyer
Texas is a community property state and this means that once a couple gets married, from that point onwards, all assets acquired by either party are classified as community property and are owned by both parties equally. When it comes to divorce proceedings, this can become a tricky and complex issue to navigate, especially in a marriage that has lasted decades.
With emotions already running high, this can end up being a point of contention that leads to a breakdown in communication. Ultimately, this means that you will end up spending more time and energy while you attempt to come to an amicable agreement. This is when it is essential to seek the help of a skilled Katy divorce asset division law firm. They will be able to use the tools of mediation, and negotiation, as well as their experience in dealing with similar cases, to advise you on the best way to divide your assets.
Here at Skillern Firm Divorce & Child Custody Lawyers, we have been dealing with divorce proceedings and family law matters for over 50 years collectively. With our stellar approach to the attorney-client relationship and our team of skilled divorce lawyers, each trained in the art of mediation and negotiation, we can help with all family law matters.
Call us today at (713) 229-8855 and speak to one of our skilled Katy, TX divorce lawyers!
The Difference
Between
Community
Property and
Separate Property
Katy, TX is governed by the same property laws as the rest of Texas. This means that all property and investment assets, as well as any income acquired by either spouse during the duration of their marriage, will be classified as jointly owned community property. However, Texas is different from most community property states in that the Judge involved has the ability to split all community property in an equitable manner. This does not always mean 50/50. If the Judge feels that one spouse deserves a higher percentage of the split, they have the power to award it.
If one spouse is the higher earner, is well educated, in good health, and has a stable career and the other spouse is less educated and has given up their career for the marriage or the children, the Judge may award them more in the split of marital property division process. Any property that was owned by one spouse before they were married and any assets that were gifted via inheritance are usually classified as separate property and will remain in that spouse’s sole possession. This also applies to any money won through compensation damages. You will need to prove, with firm evidence, that your assets fall under the above categories if you want to claim that they are separate property during the division of marital property.
It takes experience and skill to determine accurately, what assets are community property and which assets classify as separate property, and to then divide that in a fair and reasonable manner. Most spouses will struggle to do this on their own which is why we highly recommend seeking the help of a skilled divorce lawyer, one with experience in community property state law and property division. The process of property division requires an in-depth analysis of the entirety of your marital property and estate. At Skillern Firm Divorce & Child Custody Lawyers, our Katy divorce attorneys have been through this divorce process with numerous clients before, giving us a depth of knowledge and a wealth of experience.
Factors That Impact
Marital Property Division
It is rare that spouses see eye to eye when it comes to dividing the marital estate they have built over the period of their marriage. Higher earning spouses may feel they have the right to more of the estate as they provided more funds. Spouses that gave up their careers to stay at home and look after their children might feel they deserve more due to their sacrifice. When the court looks at the division of marital assets it will consider a number of different factors, including:
- Each spouse’s individual health, age, and employability.
- The period of time that the marriage lasted.
- Each spouse’s individual ability to support themselves financially after the divorce.
- Whether or not one spouse committed acts that broke down the marriage.
Marital estate property will always be considered jointly owned unless it was acquired before the marriage by one of the parties or was the result of a gift, inheritance, or compensation for a personal injury claim. There may be further complications when couples live together in a property that is classified as separate property. If together, you spent a large amount of money while you were married on renovating or improving a separate asset property, it is important to know that you are entitled to your share of those costs. Your Katy divorce attorneys will be able to track down the costs and expenditure of the renovations and help you seek your share.
You can also file a reimbursement claim if your spouse has used shared funds in order to pay off debts or renovate a separate property that they own. Also, If one spouse has sacrificed a lot of time, effort, and money in order to help the other spouse build or continue to grow a business that is classified as separate, you may also be entitled to seek reimbursement for your time and money.
Skillern Firm Divorce & Child Custody Lawyers Practice Areas
As a law firm dedicated to family law and divorce matters we deal with:
Child Custody
Child custody is often one of the more difficult topics that spouses have to deal with when it comes to the divorce process. This is the area that has the highest potential to cause a breakdown in communications. At Skillern Firm Divorce & Child Custody Lawyers, we pride ourselves on our attorneys and their ability to bring spouses together through mediation and negotiation. We will remind both parties that the important matter is to create an agreement that has the child’s best interests at its core.
This can open up discussions again and create a space where both parties are able to make decisions without allowing tempers and emotions to cloud their judgment. We will always aim to create an agreement that allows both parents access to the child unless there are strong reasons against doing so. Studies have shown that children have the best chances of healthy development when they have access to both parents.
Child Support
When people enter into a marriage and have a child together, they agree to cover all of the financial, emotional, and physical needs of that child between them. When the marriage ends, your child still has those needs, and as parents, you must still meet them between the two of you. That means that if you have sacrificed your earning potential or your career in order to look after your child, and you end up with custody, you may need some financial support to ensure that the children’s needs are still being met.
Modification of Order
While court orders are usually final, they can be modified under the right circumstances later down the line. Your situation may change and you may find it impossible to pay child support, for example, if you have become disabled, or have been involved in an accident and have lost your job. You may also want the order changed as you have evidence that your ex-spouse is a danger to your children. This may be the case if they are violent or you know they have been drinking excessively or taking drugs while taking care of them.
Mothers’ and Fathers’ Rights
Under Texas law, your gender gives you no preferential treatment. Being a child’s mother will not give you a stronger chance of winning custody and being the father will not reduce your chances. Instead, the courts will always look at factors like your previous involvement and financial stability, as well as how well you have met the needs of the child up until now. In family law, the children always come first. The Judge and any good attorney will always look to protect the needs of the children involved.
Recovery of Attorney Fees
If you are entering the divorce process and your spouse has a much larger pool of funding to support their legal representation, they may attempt to leverage this to win through attrition, causing you to run out of money. This is a vindictive tactic and if you and your attorney can prove to the courts that this is happening, they may force your spouse to pay your attorney fees.
Spousal Support
Leaving a marriage after you have given up your career in order to look after your children can be scary, especially if that has made you financially reliant on your spouse and their earnings. Spousal support, or alimony, was designed to help spouses remain financially stable after they have left a marriage.
“I can’t imagine I would have made it through my divorce, mentally or emotionally, without her. She is insanely intelligent and astute, she is on top of absolutely everything family law related, responsive, reassuring, and gives you confidence in a very unfamiliar world. She’s prompt, factual, strategic, and exactly what you hope for in a lawyer if not more. You can depend on her. Tina is also phenomenal in court. She found so many discrepancies in my ex’s attorney’s work. It was not only impressive, but revealed how detrimental things can be without a truly thorough lawyer like Tina.”
“Not one detail missed and with the situation where my children were at risk, the extra care and attention made all the difference to get full judgement in my favor. I highly recommend Matt and his team!”
“Skillern Firm is the best attorneys in Houston. He genuinely cares about his clients and his firm is diligent, hardworking and very through. I highly recommend him and do not have enough words to thank him for his extraordinary performance in getting justice for my family.”
“I have used several family law attorneys in the 10-17 years and my ex takes me back to court every year. I have worked with Matt Skillern, Caitlyn Thorpe, and Stacy Sawyer. I would never go elsewhere. If you want it done, and done right, do not hesitate to contact them. I have had terrible experiences with all of the family law attorneys I have dealt with outside of them. I only provide positive reviews so my bad experiences are not noted. If you want a positive and good experience, pls go there!”
“The communication is top notch from her to her staff. Her responses were quick at all times, and never left any questions unanswered. I always felt how important my case was to her. Caitlin is an amazing, trustworthy, brilliant, and beautiful human who truly cares about her clients and will fight hard for them. Caitlin isn’t scared to speak out and won’t sugarcoat anything. She knows family law extremely well and during trial always knew the facts of my case very well, was familiar with all details and effectively fought for my kid's rights. I couldn't have been happier with Caitlin and the outcome of my case. I only wish I would’ve hired her sooner, right when the divorce started. Anyone would be so lucky to have her as their attorney.”
Contact a Katy
Divorce Attorney
at Skillern
Firm Divorce &
Child Custody
Lawyers Today
Here at Skillern Firm Divorce & Child Custody Lawyers, we deal with legal separation, divorce proceedings, child support, spousal support, child custody, and all other family matters on a daily basis.Our Katy divorce lawyers can help you and your former spouse move through the divorce case with as little friction as possible, enabling you both to move on to a bright new future. Every Skillern Firm Divorce & Child Custody Lawyers family attorney is skilled and experienced in mediation and negotiation, as well as the complexities of Texas divorce and family law. We can help you understand how “equitable division” works in Texas and how your case is going to be viewed in court.
Call us today at (713) 229-8855 to arrange an initial consultation where one of our skilled Katy divorce lawyers can tell you what to expect and begin guiding you through the process.
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