Houston Divorce Lawyers
Going through a divorce can be one of the most stressful events in your life. Some have even compared the emotions of going through divorce to the emotions felt when a loved one passes away. Whether you have been married for a short time or for many years, people going through a divorce often experience anger, frustration, guilt and resentment. Those feelings of despair can have a profound affect on one’s ability to work, raise children and conduct normal daily routines. Financial stresses are often present during divorce as well. Decisions made during a divorce can have profound and lasting financial repercussions and must be made with caution. It is imperative to have skilled Houston divorce lawyers on your side to ensure your emotional and financial interest are best protected.
At The Rudisel Law Firm, P.C., our Houston divorce lawyers and staff work tirelessly to protect our client’s interest. Our lawyers are skilled in negotiating settlements in our client’s favor and aggressively litigating cases should it be necessary. We also educate our clients on the process of divorce so they can make better decisions throughout the process. Contact us and schedule your complimentary consultation so you can learn more about divorce in Houston and decide what course of action is right for you.
Please read more about divorce below.
Spouses face many issues once a divorce is filed. Property division, child custody, child support and visitation are commonly in dispute. When parties cannot reach an agreement on one or more of the issues, the divorce is contested. Each spouse will usually be represented by their own divorce lawyer during the process with their respective lawyer representing their best interest. Just because lawyers are involved and the divorce is contested does not mean spouses cannot agree and settle their differences amicably. Our Houston divorce lawyers are often able to negotiate a settlement in mediation or informally that protects our clients, their families and assets.
A divorce is considered “uncontested” when the spouses can agree on all issues. Uncontested divorces are not only faster, but much more cost efficient. Generally, only one lawyer is retained to assist the parties through the divorce process. The law requires that a divorce be on file for at least 60 days before it can be granted. During that time, our divorce attorneys meet with the spouses, discuss all issues and agreements and draft the documents necessary to finalize a divorce. Our Houston divorce lawyers handle hundreds of uncontested divorces each year and are able to complete most of them within 60 days. If you are considering a divorce and think it may be uncontested, call us for a complimentary consultation. We file all of our divorces the same day so we can make the process as quick and painless as possible.
Mediation is a negotiating process used to settle cases amicably. A mediator, a lawyer certified in family settlement negotiation, hosts a meeting between the spouses and their attorneys to discuss all issues. The spouses are usually kept separate however, some mediators will bring the parties together to talk directly. Mediation gives the spouses an opportunity to discuss their issues in a relaxed and private environment. Once all issues are settled, the mediator notifies the court and the lawyers finish the divorce process. Most courts in Texas require mediation on contested divorces.
Divorce and Property
Under Texas law, courts must divide the marital estate in a “just and right” manner. That generally means that all property must be divided or allocated during the divorce. Texas is a community property state so all property owned, acquired or possessed during a marriage is presumed to be community and subject to division upon divorce. Property owned prior to marriage, gifts and inheritance are considered separate property are not subject to division by a court. Our divorce lawyers can assist you in determining what property is community and what is separate by gathering information and inventorying your assets.
High Net Worth and Assets
When spouses have accumulated a large marital estate (business interests, retirement, stocks, real estate, etc.) the process becomes more complex. Different types of assets and income are treated differently under the law. Often times separate and community assets are commingled and must be traced in order to properly divide among the spouses. In extremely complex cases, we employ forensic accountants to meticulously trace the assets, giving us a clear picture of the marital estate and it’s value. It is vital that your divorce lawyer is knowledgeable in complex property division so that your assets and net worth are adequately protected.
Modification of Divorce Decrees
Here at The Rudisel Law Firm, P.C., our lawyers can modify the terms of prior divorce decrees. The law allows a person to modify the terms of child custody, child support and visitation if a change in circumstances has occurred and the modification is in the children’s best interest. Contact your Houston divorce lawyers here at The Rudisel Law. P.C. if you feel a change has occurred since your divorce was finalized that warrants a modification.
Connect with Shawn M. Rudisel, on Google+ at +Shawn Rudisel