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A Deep Understanding of The Law
Divorce can be an overwhelming experience for anyone. Divorce can change your life as well as your child’s life for better or for worse.
Suppose you are thinking of making a change in your family dynamic by filing for divorce. In that case, you must seek the legal advice and representation of a skilled family law attorney such as Deborah L. Thompson.
You need to hire an experienced, passionate, persistent family law attorney that can help make your life better in the end. You need a family law attorney who will analyze your specific case, help you set reasonable goals, and work together to meet those goals.
For Deborah, each family law case is as unique as the people involved. She understands there are many steps in the process, and not every case requires every step. If your case only requires a cookie, don't build a cake. Your family law attorney should tailor the strategy in your case based on your facts and current law and only employ the necessary steps to obtain the best outcome.
Meeting with and selecting your family law attorney may be one of the most critical decisions you will make in your family law matter.
With Deborah by your side, you can count on her knowledge, experience, passion, and persistence to work for you for the best possible outcome in your family law matter.
DEBORAH CAN ASSIST YOU WITH ANY OF THE FOLLOWING:
FILING FOR DIVORCE
Once you have decided that filing for divorce is the best option for you, the process can seem complex and overwhelming. However, it does not have to be as stressful or complicated when you have the legal support and direction of an experienced Texas divorce lawyer.
The following is a general outline of the steps to be taken in a divorce. Deborah can guide you through this process towards the best possible outcome.
File Original Petition for Divorce
The first document needing to be filed is the Original Petition for Divorce. The petition requires information including names of the parties, children, jurisdiction (ensuring you and/or your spouse have lived in the county for 90 days and Texas for 6 months prior to filing), dates of marriage and separation, reason for divorce, family information, property, legal notice instructions, and request for divorce.
Temporary Orders
Now you need temporary orders regarding child support, spousal support, and child custody through the end of the divorce. These are binding orders and breaking them may result in a fine or imprisonment. Mediation is required before any hearing on Temporary Orders.
Mediation
The mediation process is a meeting where you and your spouse will each be represented by your respective attorneys. A mediator – an attorney who doesn’t represent either party—will discuss your divorce issues, and a settlement may be reached. A mediated settlement agreement will be drafted and signed before you leave the mediation if a settlement is reached. If the issues cannot be settled, your divorce proceedings may be taken to a temporary hearing or final trial.
Discovery
In the discovery phase, all the information about the parties involved and the marriage is gathered. Stages such as disclosures, interrogatories, admissions of fact, requests for production, valuing businesses and property, and depositions may all be a part of the discovery phase.
Divorce Court
If the parties cannot agree then the case will have to be tried. Once a specific period of time has passed since filing, a trial date is set and a judge will hear both sides of the case. After examining all evidence, the judge will decide the property division, including all divisions of assets and liabilities, child custody and support, and spousal support. One of the attorneys will draft the final decree of divorce for everyone to sign. Once both parties and the judge have signed the decree, your divorce will be official.
Other Elements in Divorce
Divorce is not a cut-and-dry process that simply separates two individuals and relieves them of their marriage. Other elements of your lives come into contention during divorce proceedings that can make the process very complicated. These factors include, but are not limited to:
PROPERTY DIVISION DISPROPORTIONATE SHARE
The courts consider many factors when deciding if one spouse should receive a disproportionate share of the property compared to the other spouse's share. Some of these elements include:
POST-DIVORCE MODIFICATIONS
In the state of Texas, a couple who has obtained a divorce may be able to modify the orders that directly affect them as well as their parent-child relationships. Such orders include child support, child custody, alimony/spousal maintenance, and visitation rights.
POST-DIVORCE MODIFICATION ORDERS AFFECTING CHILDREN
As always, the best interests of the child(ren) involved in a divorce situation are of primary concern, and a change to the circumstances of their home life needs to be re-evaluated. Whether the custodial parent is relocating or the child's financial needs have changed, orders regarding child support, custody, and visitation may need to be modified. Some of the most common reasons for a request for a modification include:
Premarital Agreements
If a couple chooses to get a divorce, the separation may cause contestation based on the division of property and assets. A premarital agreement can prevent this by providing control of the division of your estate during amicable circumstances.
The “prenup” is a written record of assets and debts of each spouse at the time of the marriage that can be presented to a divorce judge as indisputable proof of the spouse’s property. Having a premarital agreement in place before the marriage can save you money, time, and stress should a divorce be necessary in the future.
Post-Marital Separation Agreements
A post-marital agreement, also called a “partition agreement,” divides the married couple’s community estate into two separate estates. All of the assets and debts of the couple are identified and separated based upon their wishes, and a judge may not divide the spouse’s separate property in the event of a divorce. There is no time constraint as to when a married couple can create a post-marital separation agreement, and the effects of the document are much the same as the premarital agreement.
Harris County Family Law Resources
