Affordable Advice on Texas Divorce, Property Division, and Child Custody Issues
A Texas divorce case usually involves a great deal of stress. At the Law Offices of David M. White, we try to make the divorce process as painless as possible for you. We offer a wide variety of services and tailor our representation to meet your individual needs.
Some divorce cases are complex and involve serious community property disputes or hotly contested child custody issues. Other divorces are relatively simple and the parties are able to agree on the terms of the divorce.
Affordable Agreed or Uncontested Divorces
If the parties are able to agree on the terms of the divorce, or if one spouse elects not to contest the case, the entire process can be relatively simple and inexpensive. Our family law attorney fees for these types of cases are very affordable.
We believe you will be pleasantly surprised with the value and quality of the family law services we provide. Our fees vary based on a number of factors (types of assets, whether children are involved, etc.) but are very affordable. Please call for more information.
Property Division Solutions
We work to protect your interests by making sure that community and separate property are properly characterized, and that accurate values are assessed based on a complete disclosure of all assets, debts and income. We also utilize the service of experts (appraisers, accountants, etc.), if necessary. We will fight to make sure your claims for reimbursement and for a larger share of the community property estate are properly asserted.
Community Property. Texas is a “community property” state. This means that all property acquired during marriage is presumed to be the property of both the husband and the wife. Likewise, all debts are presumed to be the liability of both parties.
Division of Community Property. Community property is supposed to be divided in a manner that the court deems just and right. This does not mean that community property must be divided equally. There are many factors that may be taken into consideration in awarding a disproportionate share of the community property estate to one spouse. These factors include, among other things, the size of the spouses’ separate estates, and any fault in causing the divorce.
Separate Property. The presumption of community property can be overcome by proving that certain property is separate, rather than community property. Generally speaking, separate property is property acquired before a marriage or property acquired during marriage through gift or inheritance, or with funds that were themselves separate property.
Claims for Reimbursement. When married couples contribute community property funds that benefit one spouse’s separate property, a claim for reimbursement can be made. For example, if the husband purchased a home before marriage it would be his separate property. However, if the husband and wife paid the mortgage for that home during the marriage or made improvements to the home, the wife could make a claim for reimbursement against the husband. Likewise, a claim for reimbursement can be made if one spouse’s separate property funds were used to benefit community property asset.
Spousal Maintenance (“Alimony”). Unless the parties agree, the court is very limited in its ability to order spousal support. Generally, a judge can only order spousal maintenance if the parties have been married for at least 10 years, and the receiving spouse does not have sufficient property to provide for that spouse’s minimum reasonable needs. There are also other limited situations in which a judge can order spousal maintenance.
For parents, the most important issue in a divorce often involves child custody. Custody disputes vary greatly. There can be minor disagreements about visitation schedules or serious issues as to the basic fitness of either or both parents. No matter what the issues in your case are we will fight to make sure your parental rights are protected, and that the court issues custody orders that are in the best interest of your child.
If you are looking for a divorce lawyer or family law attorney, please feel free to call. The initial consultation is free. We will be more than happy to help you.