Memorial Park TX Divorce Lawyer
When it comes to dealing with divorce cases, you need a family law attorney that will treat your case with the dedication and care it deserves. In divorce cases, both parties are fighting for what is best for them and best for their children if they have them. What this looks like is usually different for each spouse, and this can lead to a highly-charged emotional situation, with neither side willing to give ground.
Even when spouses are amicable at the beginning of the divorce process, without the right mediation and negotiation strategies, hotly contested issues can become full-blown wars between spouses. When decisions cannot be made in a calm, controlled manner, the decision may need to be made by the courts. Not only does this cost more, but the decision may end up being one that neither party is happy with.
For your best chances of avoiding this, you should speak to a team of experienced family law attorneys. With their help, you will be able to sit down with your spouse in a controlled space, and with the assistance of your attorney, you will be able to come to an agreement that is best for both parties. If this fails, your attorney will be able to litigate on your behalf, fighting for your best interests in a family law court.
The Importance of Hiring a Memorial Park TX Divorce Lawyer for a Contested Divorce
During the marriage, two spouses become a single entity, a partnership, responsible for each other and for any children. This means that when it comes to divorce, it becomes difficult to separate the two lives.
When divorcing spouses disagree on things like the divisions of assets, child support, and custody, it is known as a contested divorce. Contested divorces are a lot more common than uncontested divorce, which happens when both parties are in full agreement on all the important aspects of the divorce.
When divorcing spouses cannot come to an agreement together, both parties will need to seek representation. This drags the divorce out longer and ends up costing both parties additional legal fees.
There are no two ways about it; the only way you are going to have your divorce finalized is if you agree to the divorce terms. A skilled mediator can help you do this without the need for litigation, keeping the costs a lot lower and preserving your relationship with your spouse. If you have children together, this is usually in their best interests.
Here at Skillern Firm, we are proud of our reputation as exceptional mediators and negotiators. With our long history of cases and experience, we can help spouses move through any impasse. This allows us to save our clients money, time, and stress.
A Memorial Park, TX, divorce attorney from Skillern Firm will be able to help you and your ex-spouse move through the process with as little friction as possible.
Contact us today for an initial consultation at 936-213-8479.
How Do I Find The Right Memorial Park, TX, Family Law Attorney?
For many of our clients, this is the first time they have needed to seek representation from a law firm or an attorney. This may make the task of hiring a Memorial Park, TX, divorce attorney a daunting one.
This decision is an important one. After all, it will have a massive effect on the rest of your life and the rest of your children’s lives if you have them.
Every law firm that you consider will most likely claim that they are the best for the job, and this can make it hard to narrow down the decision.
In our opinion, a good law firm will offer an initial consultation and case evaluation, and you should use this to your advantage. During this meeting, you can get a feel for your potential Memorial Park, TX, divorce attorney and ask any questions you need to ask.
Here are the other things we think you should look for in a good divorce attorney:
Proven Track Record of Wins
Perhaps the most important thing to look for when considering who will represent you is their past history. You should always ask potential attorneys for examples of their past victories for clients in similar situations. Any good lawyer will be able to provide this, and if they won’t show you their victories, they most likely do not have any.
Don’t just take their word for it, either. Make sure you run checks on your attorney through independent review sites like AVVO.
Attorneys with a good reputation and proven track record are always in high demand. That means that they will always have a full caseload to handle. This means that they will have to dedicate time to each client. Unfortunately, this means you will not have 24/7 access to your attorney.
However, you should always feel like your attorney takes time to respond to you promptly, makes adequate time for your case, and preserves a strong, healthy attorney-client relationship with you.
Complex divorce cases usually mean that you will be spending a lot of time with your attorney. This means it is important that you make sure your personalities gel well together and do not clash.
You will need to be comfortable enough with them that you can discuss important aspects of your personal life, and you need to be confident in their abilities.
Why Should I Hire a Memorial Park, TX Divorce Lawyer?
Whether you were the spouse who made the first move or not, filing for divorce will always be a serious matter wrapped up with a lot of emotion. This emotion often spills over into divorce matters. This can take several forms. For many couples, it can be spiteful words and arguments. Many spouses are purposefully stubborn, refusing to concede on decisions that are fair and reasonable.
With skilled representation behind you, you have a party that is not emotionally attached to the case. They will advise you from a place of clarity, helping you make the right decisions when your emotions are affecting your judgment.
There is a lot of paperwork to file correctly and on time when it comes to a divorce case, and this is a job your attorney will do for you. Filing your paperwork correctly and on time always looks good in the eyes of the court, too.
Grounds for Divorce in Memorial Park, TX
There is a range of different reasons that might lead you to the decision to get divorced, such as:
- Living apart.
The most common of these reasons is insupportability, which means that two spouses can no longer come together on important decisions and are no longer compatible with each other.
Skillern Firm Practice Areas
Here at Skillern Firm, our Memorial Park, TX, divorce attorneys deal with all aspects of family law.
A contested divorce requires a lot of mediation and negotiation. During your marriage, your lives become interwoven, and this makes it exceptionally hard to separate in a way that leaves both parties feeling satisfied and content.
Certain issues, such as child custody or asset division, are almost always hotly contested and will always require a skilled divorce and family law lawyer to negotiate.
Without mediation and negotiation, the process gets drawn out and becomes costly, with legal fees quickly rising.
To achieve a divorce, at some point, you will both need to agree on the divorce terms, or the court will decide upon them for you.
Modification of Court Orders
Court orders are serious agreements that must be followed by all parties named within. They usually cover things like child custody and child support. If you disagree with these orders, you cannot simply decide to stop following them.
This does not mean, however, that you cannot have them changed or modified through the correct process. The courts will listen to you if your circumstances have changed and can provide evidence and a strong argument as to why.
If you have received an injury that prevents you from working in the same capacity, you may not be able to afford to pay child support. In this situation, the Judge may allow a modification.
The courts will always consider the modification of any order if there is a safety concern regarding a child. If you have reason to believe that your ex-spouse is being abusive or has a drug/alcohol problem, the courts may step in, implementing a new custody order.
Obtaining a modification to a court order is not an easy task. Your best option is to seek the help of a family law attorney who has experience doing so. They will most likely know the local Judge and authorities and will be able to assist you in building a compelling case for the changes.
Child Support Agreements
Child support is a common issue that we have to deal with on a daily basis here at Skillern Firm.
As a married partnership, you share the responsibility to provide for your children, both financially and emotionally. Often, this takes the form of one parent reducing their work responsibilities to spend more time looking after the children whilst the other carries on working to provide financially.
If the spouse who gave up their earning potential to look after the children wins custody of the children, they will need financial support in order to maintain the quality of life they are used to and to provide for the child.
Together with your attorney, you will be able to calculate what this looks like in a fair and reasonable way that your spouse agrees to. This prevents the need for a Judge to make the decision.
Mothers and Father’s Rights
No Judge in Texas is allowed to make rulings based on gender. Both mother and father have equal rights here and should have equal opportunity to seek custody of their children. The decisions must always be made in the best interests of the children.
Court orders regarding things like child support and custody are binding. This means that you must follow them until the time that they have been modified or changed. You are not allowed to ignore them. To do so can lead to serious consequences, such as being held in contempt of court.
Your ex-spouse must always follow court orders. This means they have to pay child support on time, and they are not allowed to restrict you from seeing your children.
The courts also have a zero-tolerance policy in regard to alienation. Alienation occurs when a spouse does things to encourage a negative attitude towards the other spouse.
Remember, if your ex-spouse is violating their orders, such as refusing to pay child support, you MUST NOT react by withholding visitation. Child visitation and child support are two different issues, and the court will not look kindly at anyone who refuses visitation, regardless of their actions.
Your best course of action is to contact your attorney. They will first attempt to contact your ex-spouse and inform them they must follow the order. If they continue to refuse, your attorney will escalate the case and may petition the courts to step in.
We have a no-tolerance policy for domestic abuse here at Skillern Firm, and we will help you in any way that we can if you are in an unsafe situation. We will advise you on the best steps to take to keep your family safe.
Occasionally, spouses may use false accusations of domestic violence and abuse as a weapon to win custody.
We can help you fight these claims and, in the process, discredit your ex-spouse in the eyes of the court.
If you have sacrificed your career, income, and security for your marriage, when you leave the marriage, you may be financially disadvantaged. A common example of this is when a mother leaves a career in order to become a stay-at-home mom.
When you leave the marriage, you may be able to seek spousal support to maintain your way of life and financial security.
Child Custody Arrangements
Deciding who gets custody of the children is never easy, especially when both parents are seeking full custody. In these situations, parents feel like they are making the best decisions for their children. Often, this leads to a stressful and chaotic situation where the decisions being made are not actually in the best interests of the children involved.
It has been shown through numerous studies that a child has the best chances of healthy development when they have access to both parents.
The Judge will consider:
Potential Danger to Child from Either Parent
The first thing the judge and the courts will consider is whether either parent has shown that they may be a potential danger to the child. Criminal records and records of drug or alcohol abuse may be used as examples.
If you have a history of drug abuse or a criminal record, it does not mean that you cannot win custody. You will, however, have to work with your attorney to put forward a compelling case for how you have changed.
The Parents Stability
The Judge will also consider how stable each parent is. They might look at each parent’s ability to hold down a job and pay a mortgage as well as how much they have moved around.
The courts will look to see which parents attend the important events in the child’s life. If you take your child to all his sporting events, doctor’s appointments, and dentist, the Judge will consider this and will want you to continue doing so.
Family Proximity and Closeness
A lot of families are extremely close, and if the child is involved in a family circle, it can be beneficial to their development.
The Child’s Preference
In Texas, if the child is 12 or older, the Judge must consider their preference.
The best decisions will always revolve around disrupting the child’s life and development as little as possible. The most common arrangements are:
In the majority of cases where neither parent is a danger to their child, joint custody is awarded. This can take a wide variety of forms and may not mean a 50/50 split between parents.
Common examples of fair joint custody arrangements include spending one week night and every other weekend with one parent or one week on one week off.
In joint custody arrangements, both parents retain their rights to make important decisions regarding the child’s life.
If one parent has shown that they may be a potential risk to their child, the Judge may award sole custody to the other parent, granting them certain exclusive rights. Sole custody means they get to make important decisions, such as religion, healthcare, and education regarding their child.
Sole custody may be awarded for a number of different reasons, such as one spouse having a history of violence or a criminal record. It may also be awarded if one spouse is suffering from addiction to alcohol or drugs.
Even in sole custody agreements, the other parent will usually retain visitation rights, even if they have to be supervised during visits. This means that the child still has access to both parents.
If you are attempting to seek sole custody rights, you are going to need a strong case. We recommend speaking to your attorney about this, as they will be able to help you evidence your claims and build the strongest argument as to why you deserve sole custody.
Contact Skillern Firm Today!
Our main purpose as divorce lawyers is to help our clients and their families through the divorce process with as little friction as possible, without having to make sacrifices.
Our skilled team of divorce lawyers is as experienced in the courtroom as they are out of it. Whether your case warrants negotiation and mediation or litigation, we have the experience and the tools to fight your case the way it needs to be fought.
We offer an initial consultation and case evaluation. During this meeting, you can ask the questions you need to ask and receive some advice on your best course of action. If you agree to representation, we can start straight away and begin working on your case.