In Bellaire, the house is where your family’s daily life happens, so a divorce usually starts there. A Bellaire family law attorney can help you work out how that house fits with the parenting plan and the rest of the estate.
At Skillern Firm Divorce & Child Custody Lawyers, we represent families in divorce, property division and joint managing conservatorship matters across Bellaire and the surrounding area. Call (713) 229-8855 or contact us to talk through your situation.
Because the house so often drives every other decision, our approach builds structure around it: we gather the facts about the home, the children’s routine and the finances before any proposal is made, then keep each step consistent with the one before it.
Senior Counsel Robin Klein, who is Board Certified in Family Law by the Texas Board of Legal Specialization, and Senior Associate Attorney Alexandria Foster bring that structure to every case, supported by 160 years of combined experience across the firm. When a question about the house or the children cannot wait until morning, our after-hours answering service is available 24/7.
The Family Code does not change from one neighborhood to the next, but a few features of life in Bellaire give certain issues extra weight:
The court divides the community estate in a manner it deems just and right under Section 7.001, and a house usually resolves through a sale, a buyout or one spouse staying for a defined period. A home owned before the marriage can still raise questions when community earnings paid the mortgage or financed a remodel or rebuild, which comes up where older ranches are being updated or replaced.
If one spouse keeps the house, the other spouse’s share can be paid out or offset against other assets, which makes an appraisal an early step, and a move-out date set for the end of the school year can let children finish it in the same home.
While a case is pending, the court can issue temporary orders about who lives in the home and how the household runs in the meantime. Our property division attorneys help families weigh which path their finances can actually carry.
Joint managing conservatorship means both parents share the rights, duties and obligations for a child’s health, education and welfare, so it is broader than a time-sharing schedule. The Family Code presumes that appointing both parents serves a child’s best interest unless the court finds it would significantly impair the child’s physical health or emotional development, and a history of family violence involving the parents removes the presumption.
The order also ordinarily names which parent decides where the child primarily lives. When both parents stay in Bellaire, short distances can support schedules built around the school day, Little League practices and weekends at Town Square.
Bellaire has its own city hall and municipal court, but those handle local matters such as ordinances and traffic tickets, not divorce. Family cases belong to Harris County, and cases for Bellaire addresses go to the county’s family courts at the Civil Courthouse downtown. One spouse must have lived in the state for six months and in the county for 90 days under Section 6.301.
In mediation, a neutral mediator helps spouses try to settle a case. The mediator works separately with each spouse and that spouse’s own attorney, and our attorneys represent one spouse only, never both.
A court can refer a divorce case to mediation on the parties’ written agreement or on its own motion, and a properly signed mediated settlement agreement entitles a party to judgment on it. Mediation in family law can reduce conflict, but each spouse keeps an attorney throughout.
No. In a divorce the spouses’ interests can conflict, so a single lawyer cannot represent both parties, and each spouse works with their own attorney, including in mediation. Sharing information openly is still possible when spouses agree on terms.
An order can be modified when the change is in the child’s best interest and circumstances have materially and substantially changed since the earlier of the order or any settlement agreement it was based on, as Section 156.101 explains. A move by either parent can be one of those changed circumstances, but a preference for a different arrangement is not enough on its own, and custody modifications depend on the facts. Keeping a record of what changed, such as a new address, a new work schedule or a shift in the child’s needs, helps an attorney judge whether it meets that standard.
Whether your first question is about the house, the children or the process itself, a conversation with our team can help you see the full picture as you begin transitioning to your new way of life.
Call (713) 229-8855 or contact us, and a Bellaire family law attorney at Skillern Firm Divorce & Child Custody Lawyers will help you decide where to begin. With our after-hours answering service available 24/7, a question that comes up late does not have to wait.