When the people at Colonial Park Pool, the West U Elementary pickup line and the Fourth of July bike parade are the same people who know your family, a divorce or custody dispute can feel very close to home. A West University Place family law attorney can help you plan for the legal side with that in mind, from where your children sleep and go to school to what happens with the house.
At Skillern Firm Divorce & Child Custody Lawyers, we represent families in contested divorce, property division and joint managing conservatorship matters in West U and the surrounding area. Call (713) 229-8855 or contact us to talk through your options.
In a city where families share schools, parks and routines, early choices in a case can shape daily life for years, so our approach is to work out how each decision will play out before it is made. Owner and Managing Attorney Matthew A. Skillern, who is Board Certified in Family Law by the Texas Board of Legal Specialization, and Associate Attorney Stacy Sawyer bring that foresight to every case, supported by 160 years of combined experience across the firm. Because questions about your children or home do not wait for business hours, our after-hours answering service is available 24/7.
The Family Code applies the same way in West U as anywhere else, but a few features of life here give some issues extra weight:
A divorce is contested when you and your spouse cannot agree on one or more issues, such as the house or the parenting schedule. A contested case moves through these stages:
In mediation, the mediator works separately with each spouse and that spouse’s own attorney, and our attorneys represent one spouse only. Spouses who will keep seeing each other at school events and around the neighborhood often have a reason to settle where they can, and agreement at any point can resolve the case without a trial.
The court divides the community estate in a manner it deems just and right under Section 7.001, which is a standard to apply to the facts rather than a formula. For households with two professional careers, the hardest questions go beyond who keeps the house:
Spousal support is available only in limited circumstances and is not part of every divorce.
Joint managing conservatorship, or JMC, means both parents share the rights, duties and obligations connected to a child’s health, education and welfare. When parents have not agreed on a parenting plan, the court looks at factors such as how close the parents’ homes are and the preference of a child 12 or older. When both parents stay in or near West U, that short distance can support schedules built around the school day, practices and weekends at the pool.
Even under JMC, the order ordinarily names one parent as holding the exclusive right to determine the child’s primary residence, which in turn shapes the child’s zoned campus. Our child custody attorneys focus on making those terms clear and workable for the family.
Divorce and custody cases for West U addresses are filed in Harris County, not at City Hall on University Boulevard. The county’s family courts, which hear divorce, custody, visitation and protective order cases, sit in the Civil Courthouse downtown. One spouse must have lived in the state for the preceding six months and in the county for the preceding 90 days under Section 6.301.
For parents who live 100 miles or less apart, the standard schedule under Section 153.312 gives the possessory parent weekends on the first, third and fifth Friday of each month, from 6 p.m. Friday to 6 p.m. Sunday, plus a weekday period during the school term. It also covers holidays and extended summer time. Parents can ask the court for a different arrangement that serves the child.
The answer depends on whether the house is community or separate property and on what the spouses agree. The usual paths are selling the house and dividing the proceeds, or one spouse keeping it and buying out the other, and while the case is pending a court can award one spouse exclusive occupancy of the home. With homes here among the most valuable in the area, an appraisal is often the first step.
The affected party can file a suit to enforce the decree in the court that rendered it, such as when a former spouse does not refinance the house or transfer a retirement account as ordered. That suit is its own proceeding and does not reopen how the estate was divided. Our attorneys handle enforcement of court orders for clients whose decrees are not being followed.
If you are transitioning to your new way of life after a separation, our team is ready to help you take the next step with a clear plan.
When you are ready, contact us or call (713) 229-8855, and a West University Place family law attorney at Skillern Firm Divorce & Child Custody Lawyers will talk through your next step. Our after-hours answering service is available 24/7 for anything that cannot wait.
