Divorce in Houston, Texas: An Overview
THE DIVORCE PROCESS
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Going through a divorce can be one of the most stressful events in your life. Some have even compared it to the emotions felt when a loved one passes away. 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. Our skilled divorce attorneys will protect your emotional and financial interests.
Attorney Shawn M. Rudisel, and his staff work tirelessly to protect their client’s interests. The firm’s Houston divorce attorneys aggressively negotiate settlements, mediate matters and litigate in the courtroom when necessary. Through patience, consultation and education clients can make better decisions throughout the divorce process. Contact us and schedule your complimentary consultation so you can learn more about the divorce process and decide what course of action is right for you.
What is a Contested Divorce?
Divorce presents many issues once filed. Property division, child custody, child support and visitation are commonly in dispute. A contested divorce occurs when parties cannot reach an agreement on one or more of the issues. Each spouse will have their own lawyer during the process representing their best interest. Your Houston divorce attorney is often able to negotiate a settlement in mediation or informally that protects our clients, their families and assets.
What is an Uncontested Divorce?
A divorce is considered an uncontested divorce when the spouses agree on all issues. Uncontested divorces are not only faster, but much more cost efficient. Further, one lawyer can assist the parties through the divorce process. A court cannot grant a divorce until the expiration of 60 days from the date of filing. 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 divorce attorneys handle hundreds of uncontested divorces each year and are able to complete most of them within 60 days. Call us for a complimentary consultation if you are considering a divorce and think it may be uncontested. We file all of our divorces the same day so we can make the process as quick and painless as possible.
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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. Mediators separate the spouses in private rooms. The mediation process affords the spouses an opportunity to discuss their issues in a relaxed and private environment. The mediator will settle all issues and notify the court. Consequently most courts in Texas require mediation on contested divorces.
Divorce and Property Division
Under Texas law, courts must divide the marital estate in a “just and right” manner. Texas is a community property state. There is a presumption that all property owned, acquired or possessed during a marriage is community and subject to division upon divorce. Separate property consists of property owned prior to marriage, gifts and inheritance. Courts cannot divide separate property. Our divorce attorneys can assist you in determining what property is community and what is separate by gathering information and inventorying your assets.
Divorcing with 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. Texas law treats different types of assets and income differently. Separate and community assets can be commingled or “mixed” together. As a result, a lawyer will trace commingled property to properly divide it 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. Your lawyer must be knowledgeable in complex property division to adequately protect your assets and net worth.
Modification of Divorce Decrees
Here at The Rudisel Law Firm, P.C., our lawyers can modify the terms of prior divorce decrees. Child custody, child support and visitation provision can be modified if a change in circumstances has occurred and the modification is in the children’s best interest. Explore our site and blog for more information on modifying an existing divorce order in Texas.
Contact Today for Your Free Case Evaluation and Let Us Help You!
If you find yourself on the verge of divorce, call The Rudisel Law Firm, P.C. We have the knowledge, trial experience and professional staff necessary to protect you, your family and your property.