Divorce can be life-changing, in good and bad ways. It is also complicated and requires experienced legal representation to ensure your assets, children, and future are protected. Whether you are contemplating divorce or already involved in one, it is vital to speak with our experienced Texas family law attorneys to ensure you avoid pitfalls that could make things worse.
At Youngberg Law Firm, our Highland Village divorce lawyers are ready to review your situation and present our best advice for how to move forward. We help you create plans for parenting, child custody, and asset division that meet your needs and safeguard your well-being. Our skilled domestic litigation practice can help you through all the necessary steps to bring your marriage to a close.
Why Choose Youngberg Law Firm for Your Divorce
The team of attorneys at the Youngberg Law Firm offers years of experience handling a range of family law matters, including divorce, child custody, child support, and adoption cases. Founding attorney Mike Youngberg focuses his team’s efforts on addressing the emotional and financial toll your family faces during the difficult process of ending a marriage and stepping into the next phase of life. Through it all, we ensure you understand how the law applies to your situation by answering your questions and preparing you for all aspects of your case.
Much like the Texas courts, your Highland Village divorce lawyer at Youngberg Law Firm is dedicated to protecting your children’s best interests by crafting appropriate custody and support agreements for the strongest chance of approval by a judge. If the divorce is contentious, we work with the other parent’s divorce attorney on your behalf to avoid unnecessary stress or delays.
Mike puts his experience with the child support division of the Texas Office of the Attorney General to aggressively litigate for you and your needs, with understanding from both sides of the law. Finally, we point to the testimonials of past clients to help you understand how we devote ourselves to helping families through the good and bad times in their lives.
Do I Need a Lawyer for My Divorce?
It can be tempting to take on the challenge of filing your divorce on your own, especially if the split is amicable or you have good management skills. However, it is vital to remember that you will experience significant emotional burdens that could reduce your ability to think clearly about what is best. In addition, unless you have legal training, understanding the complexities of Texas divorce law can be overwhelming.
You may also believe you can lower your costs by completing the process yourself since attorney fees can add to your regular expenses. However, you will still need to pay court filing fees and other costs, regardless of whether you decide to use a divorce lawyer or not. Also, there are terms and procedures for appearing in court that could be confusing, and you may need to take time from work to appear for hearings and other events.
Remember that divorce is one of the most stressful life events a person can experience, second only to the death of a loved one, according to the Social Readjustment Rating Scale (Holmes and Rahe Stress Scale). Although it can be expensive, the cost of working with an educated, skilled, and experienced Highland Village divorce attorney is an investment in your peace of mind. With a lawyer on your side, your divorce can move more quickly with fewer mistakes.
What Are the Most Important Issues in a Divorce?
The two most crucial concerns in most divorces are caring for children and property division. These areas are where it is essential to have guidance from a seasoned team of divorce lawyers who can assess your individual circumstances and determine the most advantageous course of action. You need someone who will fight for your and your children’s needs ahead of everything else.
Child Custody
In Texas, child custody is known as conservatorship. Both parents may be granted managing (legal) conservatorship, which can be broken down into sole and joint managing conservatorship. While a child may live primarily with one parent, both parents have decision-making rights for the children unless there are circumstances such as a history of domestic violence, substance abuse, or anything else that would render one parent unfit.
Parents are encouraged to develop a parenting plan and custody arrangement that puts the children’s needs first. They should then present this to the court, which may approve it as is or require amendments. Our Highland Village divorce attorneys will guide you through negotiations to build an agreement that works best for your family.
Child Support
Paying child support can be a sore spot during divorce discussions when one parent fails to recognize that this financial obligation serves the children’s needs rather than as a bonus to the other parent. In Texas, there are specific guidelines for how support is calculated, which makes it easier for your attorney to negotiate a fair amount.
However, there are instances in which a parent may attempt to hide income or assets to avoid paying more. This is when your Youngberg divorce attorneys in Highland Village, TX, can collaborate with forensic accountants and other experts to ensure your children receive what they deserve for the most financial security after divorce. We can also aid you with requesting child support modifications as either parent’s financial circumstances change.
Dividing Assets
In Texas, all assets owned by a married couple will generally be considered separate property and what is community property, eligible for division between the parties. While many people interpret “division” to mean a 50/50 split, this is not always the case. The law simply states that it must be distributed in a manner that the court determines is “just and right.”
How the court decides to divide the assets appropriately depends on factors such as each party’s age, physical health, earning capacity, and who will primarily raise any children. The judge may also factor in any tax consequences and who holds the majority of marital fault in the divorce. Marital fault, such as cruelty, adultery, or abandonment, is one of several grounds for seeking a divorce under Texas law.
Some property can be claimed as separate under Texas Family Code Chapter 3. This includes:
- Any asset a spouse owned or claimed as separate before the marriage
- Property a spouse acquired during the marriage as a gift or inheritance
- Money recovered from a personal injury claim during the marriage
There can be some exceptions, such as if one spouse inherited a house and then added the other spouse’s name to the deed. The property would then be considered community, whereas it would have remained separate without the second spouse’s name. Remember that marital debts, as well as assets, will be divided, and your attorney can help you ensure you do not end up paying for the other spouse’s poor financial management skills when everything is complete.
Spousal Maintenance (Alimony) in Texas
Alimony, more commonly known as spousal maintenance in Texas, is not automatically provided in a divorce. There are factors that determine the need for alimony, such as one spouse’s inability to support themselves after the divorce. The law also requires that one of the following conditions apply:
- The paying spouse was convicted of domestic violence that happened during the divorce or in the two years prior to filing.
- The requesting spouse has earning limitations from their own mental or physical disability or the need to care for a child with a mental or physical disability.
- The marriage lasted at least ten years.
Every case will be unique, and your divorce attorney will help you present your case for spousal maintenance in the strongest possible manner. You will likely need to show evidence for your request, along with how you intend to receive education or other means to improve your ability to earn for yourself.
High-Net-Worth Divorce
In some instances, one or both parties have extensive assets and income, with over $1 million in available cash. These are known as high-net-worth divorce cases, and they can involve complicated negotiations to determine asset value and how everything should be divided. For example, if a couple began their marriage with relatively little wealth and built a company or other asset over the course of their union, untangling who receives what can require extensive research and effort.
These cases often require collaboration with valuation experts who can provide a dollar amount on items such as:
- Artwork
- Cars, boats, and planes
- Collections of valuable items, such as watches or jewelry
- Businesses
- Real estate interests, such as vacation properties or timeshares
- Property inside and outside Texas
- International properties or investments
- Retirement accounts, pensions, and severance packages
- Investment holdings
- Intellectual property or brand value
Your divorce attorney can assist you with determining how to divide all these assets, as well as any outstanding liability for individual parties and jointly owned businesses. For example, if a company you started together will receive tax benefits or have substantial liabilities for several years into the future, your lawyer will engage experts to address these for an acceptable compromise.
How Pre-Nuptial and Post-Nuptial Agreements Affect Divorce
Couples deciding to marry who already have substantial assets may elect to create a pre-nuptial agreement to protect their interests in the event of divorce. Others may wait until after the wedding to create a post-nuptial contract. A well-crafted marital agreement can serve as a barrier to losing everything to an unfaithful spouse and guide parents when providing an after-divorce child custody request to the court.
Sitting down to discuss crucial financial and other matters before entering into a legally binding contract with the government and each other is one of the smartest things spouses can do. Although the conversations can be brutally honest and difficult, we feel it is better to realize any challenges that could cause friction before saying, “I do.” Our experienced family law attorneys can help you focus on the most important aspects of these discussions so both parties can reach a satisfactory compromise.
When you have a solid marital agreement in place, there are fewer questions and negotiations if a divorce happens. You have already agreed to a specific division of property to influence the court’s determination of “just and right.” You also have a template for your child custody, child support, and parenting plans, potentially speeding up these procedures and decisions.
Mediation Can Reduce the Difficulty of Divorce
Most people assume they must go to court and suffer through a long, agonizing, and expensive divorce trial. In cases where there is a lot of bitterness or contention about the children or assets, this may be true. However, if you and your spouse can mostly see eye to eye on the matter at hand, it is possible to turn to mediation as a way to close a marriage more peacefully.
Mediation is a form of alternative dispute resolution (ADR) that seeks to have both parties and their lawyers meet with a neutral mediator to work out details for a Mediated Settlement Agreement. This contract allows the spouses to resolve all or part of their divorce case. After the agreement is finalized and signed by both parties, the mediator will file it with the court, which will issue a final ruling and divorce decree.
Mediation can be much less stressful, costly, and time-consuming than a typical divorce case. Your mediator is often a retired judge or attorney with a thorough understanding of family law who can help both spouses put aside their emotions and reach a fair agreement. Mediation is highly favored in Texas, and both Collins County and Denton County require it before a divorce trial.
Contact Our Highland Village Divorce Lawyers Today
Few people go into the happiness of a wedding expecting it to end painfully. Yet, every day, individuals decide that ending their marriage is the best decision for themselves, and they need compassionate legal guidance. This is where our Highland Village divorce attorneys are ready to step in and be by your side every step of the way.
At Youngberg Law Firm, we are focused on helping you identify what matters most, moving to the best possible outcome as quickly as possible. While we work toward a fast resolution to reduce your pain and expense, we do not sacrifice your needs and interests. When you need caring and knowledgeable legal representation, contact us to schedule a consultation and learn more about how we can help.