Sometimes, a marriage can change over time, leaving you and your spouse unhappy in your relationship. In some cases, it may simply be time for a family law attorney to step in to guide you through the divorce proceedings. Divorce is a high-tension, emotional situation, even for couples who are on amicable terms, which is why having a mediator to make this process as smooth as possible is so crucial.
At Youngberg Law Firm, we strive to help couples seeking divorce and make this process as easy on both parties as possible. We are skilled mediators, but we do not shy away from litigation if your case needs to go to trial with a McKinney divorce lawyer. No matter your needs, we are here to help you navigate these complex, emotional waters.
Divorce Is a High-Stress, Emotional Time
While your divorce may be a necessary part of your life, whether you feel unsafe in your home or you have simply fallen out of love, it can still be stressful and painful. While many people find themselves in a better situation following their divorce, it can still be a stressful time. In fact, that stress can have adverse effects on your health.
According to an article published in the National Library of Medicine, recent studies have shown an association between divorce and health issues that can impact one’s life. These effects impact both physical and mental health. In some cases, this may be because of the significant amounts of stress, which the Office on Women’s Health has reported to impact one’s physical health, including weakening one’s immune system.
Whether your divorce is a relief or a time of mourning, we are here to make your divorce process as easy as possible. If you are struggling to navigate this experience, our McKinney divorce lawyers can help you navigate this situation while taking some of the stress off you. With the guidance of an attorney, you can pursue better results with less stress for you and your children.
Divorce Can Change the Dynamics of Your Family
When looking for the right divorce attorney for your case, you may be concerned about how your divorce changes the dynamics of your family. Divorce can impact every part of your life, and understanding what to expect can help you better prepare for the proceedings and know what is best for you and your family. Talk to us about the following issues to learn more about what you can do to navigate these difficult situations and what we can provide as we represent you through mediation or litigation.
Property Division
One of the most urgent questions you may have about your marital property when navigating a divorce is how to divide your property, including debts. Even if you do not have children, you may still need help from a McKinney divorce lawyer to identify how best to divide your property. Fortunately, Chapter 7 of the Texas Family Code lays out exactly how property is divided during a divorce.
In Texas, the division of property involves the community property, which is the property owned by both spouses. Both assets and debts are divided evenly between the two parties when dealing with community property.
However, certain property may not be owned by both parties, also known as separate property. For example, your spouse may have owned a business before you were married, or you may have an inheritance from a family member that was left exclusively to you. In these cases, you may be able to keep these assets.
Child Custody
During your divorce, if you have children, part of the proceedings will involve determining how you will set up the rights to custody of the children. Your child custody agreement can change depending on the specifics of your relationship. For example, in an amicable divorce, the spouses may agree to a joint custody agreement that allows shared parenting time, while other situations may leave one or both spouses pursuing sole custody.
Under Texas Family Code Chapter 151, custody is divided into physical and legal custody. Physical custody refers to having the child in your custody and being responsible for their care, such as ensuring they are taken to school, fed, and more. Legal custody refers to decision-making rights, such as an opportunity to help decide your child’s medical treatments, school, and more.
If you and your spouse disagree on custody and parenting time, this part of your divorce proceedings can be tricky. You may need guidance from your attorney to mediate any discussions about how you will split the time between you and your spouse. These decisions depend on the best interests of your children.
Child Support
When navigating a divorce with children, one of the biggest concerns the non-custodial parent may have is child support. Child support is a monthly payment to the custodial parent responsible for the child’s needs. Child support is intended to help with a child’s basic needs, such as clothing, food, shelter, and more.
Your child support attorney can help you pursue the financial support your child is entitled to if you are seeking or have obtained custody of your children and will be the parent spending the most time with them. Even in cases of joint custody, if you have the children more often than not, you may still be entitled to child support. However, if your needs or the non-custodial parent’s needs change over time, we can also help modify a child support agreement that no longer suits the needs of both parties.
Child Visitation
One of the central considerations divorce lawyers can help with during the divorce is child visitation if you do not have custody of your children. Visitation rights ensure that you have chances to visit your children and get parenting time even if you cannot maintain custody of the children. This allows both parents to have a relationship with their children and ensures that the child is always in a safe place.
Visitation rights can also be revoked under certain circumstances. For example, if there are safety concerns about visitation, rights may be revoked. In other cases, violating a court-ordered visitation agreement can also lead to serious penalties, such as revocation of visitation rights.
Alimony Payments
When you and your spouse file for divorce, you may be concerned about your opportunities for supporting yourself. You may have been a stay-at-home parent, and now you will be in a situation where you are living alone and supporting yourself and your children. That can be impossible, but alimony payments can provide financial freedom, according to Texas Family Code Chapter 8.
If there is a significant financial gap between spouses’ incomes, the higher-paid spouse may be required to pay alimony. These payments provide financial support until the other spouse has completed work training, received a job that can support them, or remarried. In some cases, alimony can be awarded permanently, but usually only if the lesser-earning spouse is permanently disabled. Our divorce attorneys offer the tools and resources needed to calculate and pursue alimony.
Does My Divorce Case Have to Go to Court?
In many cases, our clients are already experiencing an upsetting, distressing experience, and the idea of going to court can add to that strain. In many cases, what could have been settled out of court goes to litigation due to the escalation of emotions during a divorce. However, this does not have to be the case for you and your spouse.
In some cases, we are able to settle a divorce through mediation. If you and your spouse are divorcing amicably, but certain details of the divorce need to be settled, we may be able to meet with both parties and discuss an agreement that leaves all parties satisfied. That can help you and your spouse stand on good terms, avoid a lengthy court battle, and get answers as soon as possible.
However, if your spouse is unwilling to mediate and discuss your divorce, we are not afraid to go to court. Youngberg Law Firm are experienced trial attorneys, and we dedicate ourselves to getting the best possible outcome for our clients. While litigation may not be the ideal option in every situation, We are prepared for any situation and can pursue the best possible opportunities for you and your family.
McKinney Divorce FAQ
When filing for divorce, many questions may arise as you navigate this part of your life. You may feel lost, confused, and overwhelmed, leading to mistakes that can be costly in terms of property division, child support, and more. You may need answers before making any decisions so that you do not make these mistakes.
If you are struggling to navigate your divorce proceedings, we are here to answer your questions. When you reach out to our team, you can get the personalized, specific guidance you need for your case. While you wait for your appointment, you can always also check out our frequently asked questions below.
Do I need grounds to file for a divorce in Texas?
According to Texas Family Code Chapter 6, while Texas allows you to file for a fault divorce, you are not required to prove fault when filing for divorce. That means that, in circumstances where marriage is simply no longer viable for one or both of you, you can still seek a divorce. However, if one party or the other is at fault, it can impact certain details of decisions regarding your divorce, such as alimony decisions.
Do I have to disclose all my finances during my divorce?
When filing for divorce, to maintain a fully fair and accurate outcome, both parties must disclose all income and all finances during the divorce. That includes taxes, mortgages, debts, and health care premiums, among other financial questions. In a high-asset divorce, this can be a vital step, so reach out to your attorney if you are concerned about a fair division of property during your divorce.
Do I need a prenuptial agreement?
While a prenuptial agreement is not required in Texas, it can provide certain security, especially for high-income couples or those with extensive assets. For example, if you are concerned about protecting your family business, creating a prenuptial agreement can help you do so. This agreement can set aside certain assets and agreements for both spouses, making the divorce process much simpler and easier for both parties.
How much does it cost to get a divorce?
The cost of your divorce frequently depends on its complexity and other factors such as alimony, custody, and child support concerns. In Texas, for example, filing fees are $350 on average, according to the Tarrant County District Clerk, but these can change based on whether you are divorcing with children. You can always speak with our team about the specific costs that you can expect from both the courts and us.
What is the difference between separation and divorce?
During a legal separation, your marriage is still intact legally, but you and your spouse may be living separately. Separation can also be informal, while a divorce is a formal and permanent legal separation. Talk to us about what you can expect and what your options are as you navigate your divorce.
Seek Out McKinney’s Compassionate and Strategically Aggressive Divorce Lawyers
When seeking a divorce, you may feel discouraged, overwhelmed, or simply sad that a specific chapter of your life is ending. In worse scenarios, you may be worried about the changing relationship between you and your children or that you will lose significant personal assets in the process. This can have considerable effects on your future, especially if you lose your rights to custody of your children.
If you struggle to navigate divorce, which can be a complex and challenging situation, our McKinney divorce attorneys at Youngberg Law Firm are here to guide you through this time in your life. We offer consultations, where we can discuss the details of your case, what you need from an attorney, and how we can help. When you are ready to reach out and speak with our team, do not hesitate to give us a call or fill out our online contact form.
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