When faced with the painful end of your marriage through divorce, you need an experienced divorce attorney who will put your needs first and fight for you. The goal of Youngberg Law Firm is to make this legal process as simple and as pain-free as possible, and to help you move forward with your life. Given the sensitive and often emotional nature of this process, you need an attorney on your side who will help you objectively navigate your rights regarding assets, debts, spousal support, and, where children are involved, child custody and support.
Divorce is a difficult and painful process, but the goal of Youngberg Law Firm is to make this process as simple and pain-free as possible and help you move forward with your life. The divorce process requires considering a number of factors including division of assets and debts, spousal support and, in cases that include children, child custody and support.
Dividing the marital property in divorce can be very complex no matter the size of the estate. What is the process? Who is responsible for which debts? You need an attorney on your side who will answer each question you have, ensure that Texas laws are followed and that a fair division of assets and debts is reached. These assets can include houses, rental property, retirement and pension plans, stock accounts, businesses, and more. If your
divorce is contentious, then this can become even more complicated.
Reaching a negotiated settlement often speeds the divorce process and can save you money in legal fees. Moreover, in cases where you cannot come to an agreement, you will be leaving the decision to the judge to impose a plan that the judge thinks is fair, and you may not agree. People who reach an agreement are more likely to be satisfied with their outcome in the long run and it can help to lessen the stress and contention of a hotly contested case.
Because Texas is a community property state, the first consideration in any property division has to be “Is this property owned by the community estate or a separate estate?” In general, separate property includes anything that was owned by either spouse prior to the marriage; any inheritances received (either before or after the marriage); gifts received by either party; and certain kinds of personal injury claims proceeds.
Property acquired during the marriage is usually considered Marital Property regardless of which spouse has title to the property. That means that just because a car or piece of property is titled in the name of one party, does not necessarily mean that property belongs to just him or her. Navigating the laws regarding separate and community property can be tricky, but Mr. Youngberg can help you determine the character of your property and fight for you to receive what is fair.
Spousal Maintenance is also a consideration when it comes to the division of assets. There is no one rule for all marriages, so whether spousal support is going to be required is something that is going to depend on your specific situation.
Texas is not an alimony state. This means that the court generally will not look at a party’s “standard of living” to determine whether and how much support is needed. The inquiry in Texas is first, how long have the parties been married, and second, whether each party is able to meet their minimum reasonable needs without support from the other party. For this reason, spousal maintenance is relatively uncommon in Texas, but it should be considered if you have been married for more than 10 years, either party is disabled or is caring for a disabled child, and is unable to meet their minimum reasonable needs. Mr. Youngberg has experience with spousal maintenance and can help you determine whether you or your spouse will qualify for some form of maintenance.
Child custody and support is more often a point of consideration than spousal support. In cases where there are minor children, issues of child custody and child support are going to be at the core of any divorce agreement. It is important that you have a strategy to make sure that your children’s best interests are protected.
Sometimes parties wish to have the children speak with the judge about the child’s desires for custody, and there are circumstances where that would be appropriate. While the court may consider the child’s wishes in any case, Texas courts are only required to speak with children over the age of 12 if either party requests it. In any case, the ultimate consideration for the parties and the court is what is in the best interest of the child. In many cases, divorcing couples can reach an agreement for joint custody. Where possible, this can help the parties to have a more cordial relationship long-term as their responsibilities as parents do not end the date they are divorced.
Part of the child custody determination is the appropriate amount and frequency of child support. Child support is an ongoing payment made by a parent for the financial support of a child after a divorce or the end of another relationship. Child support is most common in cases where the parties have un-equal amounts of possession time, or in cases where the parties have equal possession, they have disparate incomes.
Child support and custody is often the most contentious issue in a divorce, and Mr. Youngberg can help you to prepare and fight for your child’s best interests while still leaving open the possibility of an amicable resolution.
Now that same-sex marriage is the law of the land in Texas, same-sex divorce is legal as well. Dissolving these relationships presents unique challenges including determining the full length of the marriage relationship before a formal marriage.
A same-sex divorce often involves novel legal disputes simply because the law in this area is still developing. These issues can include when the parties became married, since Texas allows for common-law marriage, the characterization of property related to the date of the marriage, parentage issues for children born in the relationship, and adoption issues where only one parent adopted the child. Mr. Youngberg is here to help you to handle these concerns and any others that may present themselves in your case.
Other Methods of Resolving Conflicts at Divorce
There are ways to resolve divorce conflicts outside of the courts. There are three basic out-of-court methods including negotiation, mediation, and a new approach known as collaborative divorce.
Put simply, negotiation involves the parties working through a dispute until it is resolved. While divorcing spouses can do this on their own, lawyers can and do play a role in these negotiations.
Mediation, on the other hand, is a form of negotiation that involves a neutral third-party known as a mediator. However, a mediator is not a judge nor an arbitrator and does not make decisions nor issue rulings,but the mediator works with both spouses to resolve legal disputes, communicate more effectively and ultimately reach an agreement.
Finally, in a collaborative divorce, each party has an attorney who assists in the negotiation by acting as an advocate for his client. Both spouses and both attorneys must agree in writing that they will not take the case to court and will settle outside of court instead. In the end, a collaborative divorce will only work when all the parties agree to not have a referee or judge manage the divorce.
Contact Our Denton County Divorce Attorney
Divorce is not something most couples plan on; unfortunately, many marriages end in divorce. In the case of a divorce, the issues are intensely individual and unique. Mr. Youngberg can help you to handle the emotions of this difficult process and work with you to get the outcome you deserve. Contact today to schedule a consultation with Mr. Youngberg and see what Youngberg Law Firm can do for you.