Houston Divorce Lawyers

Approximately 50% of marriages end in divorce. It can be an extremely stressful situation made more difficult by the fact that most people are unaware of the legal procedures involved. The first thing that any person should do if they are seriously considering divorce or have decided upon divorce is to speak to a family lawyer. Your family lawyer will be able to take you through the process systematically and try to help you to resolve your divorce as satisfactorily as possible. While your emotions might be frayed and you might be feeling particularly vulnerable, your attorney will be doing everything he or she can to ensure that your interests are being looked after.

Divorce Lawyers Can Help

Aside from dissolving your marriage, there are a number of other things that also need to be considered. It is best to be frank with your lawyer concerning the reasons behind your divorce. They may wish to proceed differently in certain circumstances. If yours is a fault-based divorce that involves spousal abuse or infidelity, things may proceed differently than with a no-fault divorce. Your “family law attorney” will be able to give you a clear indication as to which way is best based upon your unique situation.

At Garg & Associates, we may be able to help you with a number of divorce-related needs, including those involving:

• Uncontested Divorce
• Contested Divorce
• Mediated Divorce
• Collaborative Divorce
• Military Divorce

Divorce: What it Is

Divorce is a legal process and as such, can become quite expensive especially so in the case of contested divorces. It is important that both parties have access to funds in order to obtain legal representation. A temporary order will give a spouse access to funds of the other spouse if they are unable to cover their legal expenses. Affordable divorce lawyers can help to keep the costs of divorce down, so too can reaching a settlement relatively early in the process. Discuss your financial situation with your family law attorney and he or she will be able to form a strategy based upon your budget.

Children Involved in Divorce

If you have children, the process is decidedly more complicated and may require mediation. It is often said that children are innocent victims in divorce. The good news is that modern divorce procedures are established to shield them from the process as much as possible. Child custody and visitation are perhaps the most contentious issues involving children. Generally, child custody is resolved through a process of mediation. It will require some contact between spouses. In most cases, joint conservatorship will be granted though the child might primarily reside with one parent. The child or children will usually reside with the parent that has been the primary caregiver prior to the divorce. The non-custodial parent will still have parental responsibilities and can still have input with regard to the child or children’s schooling and upbringing. It is widely accepted that swiftly dealing with child custody issues is important for the children’s wellbeing. The process is designed to be as swift and painless as possible for children.

Custodial Rights

Except in exceptional circumstances, non-custodial parents will have visitation rights. Visitation guidelines are very straightforward but will be established in the parenting plan that is created during the mediation process. The non-custodial parent may also have to provide child support. Child support payments are easy to calculate and your family law attorney will be able to give you a reasonably accurate estimate of what you will be required to pay.

Financial Support After Divorce

Depending on the financial situation, spousal financial support may be required. Income, assets and fault in relation each have a role in determining spousal support. In order to qualify for spousal support, both spouses must have been married for a length of time no shorter than ten years. The maximum amount of spousal support that can be awarded in Texas is $2,500 and it can be paid for no longer than three years. Spousal support is designed to meet the necessities of a spouse without the means to an income. If both parties are employed then spousal support might not be an issue. If, however, one spouse is not employed then there is a possibility that spousal support will be required. A family law attorney will be able to give you a clear idea of what is required concerning spousal support in your divorce.

Division of Assets

Division of assets can be a rather contentious issue. Unless there are pre-nuptial agreements in place, asset division tends to be equitable. Often it is more of an accounting exercise than a legal one though there is some room for debate and negotiation. It must be understood that marriage is a partnership both legally and financially. When a marriage is dissolved, assets are not divided based on financial contribution. An unemployed spouse is seen to contribute to the marriage in other ways and is thus entitled to a share of the assets. Generally, the greater the assets, the more complicated the process. Asset division can actually be quite a simple process in situations where finances are limited.

Spousal Support

Considering the fact that spousal support has become so limited of late, there is little surprise that asset division has become a more contentious part of the divorce. If one spouse is unemployed or underemployed, it is highly likely that they will push for a bigger share of the assets. If that spouse is also a custodial parent, it is likely that they will be successful to a certain degree.

Family Law Attorneys Make the Process Smoother

A family law attorney will be able to take you through each of the steps involved in your divorce. They can be an excellent source of support and in times when emotions are strained that can be extremely important. Remember, an experienced attorney will have handled a large number of cases, each one unique but not entirely different. Working with your family law attorney you can see your divorce resolved as quickly as possible so that you are able to move on in your new post-divorce life.

Please call us today at 281-210-0010 or complete our contact form and let us assist you with your legal need.