Filing for divorce is often a highly emotional decision, and the extra difficulties of the governmental procedures associated with divorce can add to an already heavy burden. Paperwork, family conflict mediation, the proper and fair division of assets—all these aspects factor into the average divorce process and all of them can benefit from the assistance of a legal professional.
At Nava Law Texas, we want to help you alleviate the stress of a divorce through effective and compassionate legal counsel. Whether the matter be contested or uncontested, and regardless of which side of the decision to file for divorce that you find yourself, Attorney Siobhan Weathers wants to advocate for your rights to a fair and equitable compromise with your former spouse.
Interested in a discussion to review your options? Schedule a consultation with Attorney Weathers today and take the first step to a resolution.
When you choose Nava Law Texas, you are choosing a collaborative team that brings together valuable experience in multiple areas of the law. Attorney Siobhan Weathers, who leads the family law division at the firm, has years of experience defending clients in family law cases and has also spent time working directly with the child support division while in her role as Assistant Attorney General for the State of Texas.
Attorney Weathers works directly with her clients and makes every effort to provide clarity and a roadmap for the future of your divorce case. Need an attorney knowledgeable of child support and custody matters? Siobhan has you covered. She has extensive experience in aiding clients with decisions about parenting time, financial responsibility of children, maintaining status quo, and much more.
Don’t delay in securing a lawyer who will help you get your life back on track after your divorce. Call or submit a contact form online and our office will get in touch as soon as possible to get you started.
One of the preliminary details to consider and clarify when filing for divorce is whether both parties are in agreement. In an uncontested divorce, the petition to divorce filed by one person is accepted by the other and the subsequent issues of assets, liabilities, child custody, and spousal support have been or will be agreed upon. The process of outlining these financial responsibilities often requires at least a lawyer, but may also involve accountants, business or real estate appraisers, or financial advisors.
An uncontested divorce is almost guaranteed to have a faster, easier, and less stressful turnaround than a contested divorce. With Texas law requiring a 60-day period between the filing date and the date of the final hearing, there is a vague timeline in place for even the most quickly resolved divorce cases. However, an uncontested divorce ensures that the paperwork and fees needed by the government are minimal, and you may save on lawyer fees as well.
Contested divorces occur when there are disagreements over the proposed division of assets, debts, or child custody. Naturally, it is common to file for divorce as a result of neglect, abuse, and infidelity, which can lead to one party wishing to file under different conditions or wishing to avoid filing for divorce at all. Consequently, there may be a great deal of animosity between the two parties, which slows down negotiations or puts them to a halt entirely. Having attorneys on both sides to mediate discussions proves a major advantage and ensures that fairness is maintained even through emotional and personality clashes.
With a contested divorce, the opinions of the judge at the hearing and/or trial figures much more into negotiations. In rare cases of problems serving divorce papers or receiving a response, the court can proceed with a default divorce and exercise its right to continue with the petition and decide the terms of the divorce itself. Even when contested, most prefer to settle as many divorce matters as possible with lawyers outside the courtroom.
There are both state and county residency requirements when filing for divorce. The requirements for either the petitioner (spouse filing for divorce) OR the respondent (spouse receiving the divorce papers) must fulfill the following conditions:
Nava Law Texas serves clients in El Paso County and is familiar with the procedures of local offices, but the laws apply across all Texas counties. For petitioners outside of El Paso County, a divorce can still be processed if the respondent fulfills the requirements listed above.
Fees are required to file certain documents with the county, but waivers may be awarded to those who can demonstrate need.
Each state decides the limits of community and separate property differently, and there are many complexities within the Texas Family Code regarding ownership. The overarching goal is a just and right division of property that takes into account any children and the rights of both parties.
Marital or community property encompasses many things. Consider all the acquisitions, purchases, loans, or leases that either party made throughout the marriage, and expect any or all of these to be considered in divorce proceedings. Financial matters under consideration may include:
In general, anything acquired before the marriage will be counted as separate property and is not likely to be entitled either in part or in whole to your former spouse. Provided both parties can agree and attest to their agreement in writing, there may even be exceptions to the consideration of incomes and earnings as marital property for certain years (either the filing year or any year during which the two parties were at any point married).
The intricacies of each case make it impossible to give a definite description of every expectation of divorce proceedings, but there are certain processes that are common. Many couples choose to have a house, vehicles, and loans under the names of both spouses. Due to this, your divorce case may involve, for example:
A comprehensive list of possessions and financial accounts should be provided to your lawyer. The penalties for hiding assets or attempting to obscure the value of certain assets can be severe, so there is a strong incentive to report accurate information.
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Filing for divorce grows more complicated, emotionally and logistically, when there are minor children involved. The arrangement of custodial and financial responsibilities is one piece of initial divorce proceedings, but modifications often occur down the road as circumstances, school locations, and child needs evolve.
The choice of conservatorship level depends on many factors, but all converge on a desire to act in the best interests of the child(ren). In an ideal situation, an agreement on the primary residence of the children and visitation schedule of the other parent can be agreed upon outside of court. Typically, managing conservatorship is paired with possessory conservatorship, meaning that the parent with whom the child spends the majority of their time also has the power to make decisions regarding health care, education, and living situation.
Sole custody (sole managing conservatorship) is awarded only when a strong case can be made for that parent’s ability to provide superior care for the child. In rare cases, sole managing conservatorship can be obtained by the other party’s voluntary relinquishing of parental rights.
Child support is a common request made by custodial parents. In the calculation of a just and right payment amount, the judge will consider:
Your or your child’s physical and financial situation could change overnight. In either child custody or child support matters, a lawyer can assist in drafting a permanent agreement regarding any occasional visitation rights or backup financial plans in case of emergencies or unforeseen circumstances.
Attorney Weathers is proud to have gained a great deal of expertise in child custody matters. If the initial agreement no longer applies, she can assist in your child custody or child support cases even past the point of filing for divorce.
The presence of a pre- or postmarital agreement can serve as a guide for divorce proceedings. Whether signed before or after the date of marriage, these types of agreements usually clarify:
Anybody is entitled to a prenuptial or postnuptial agreement. These documents are legally binding and may have the ability to override state laws concerning the default division of responsibilities. If you are interested in challenging such agreements, your lawyer must find creative solutions to undermine the validity or enforceability of the document, as there can be real issues with the drafting or filing of your pre- or postnuptial agreement.
Typically, a more up-to-date picture of your circumstances will be examined for stipulations regarding the custody and financial responsibility over children, so that the court can assure the pursuit of their best interests.
Not sure where you stand so far or which of the above circumstances applies to you? Did you just file or just receive the petition for divorce? It’s important to act in a timely manner, so don’t wait to contact a lawyer who will guide you through the correct process for filing or responding to a divorce petition.
Attorney Siobhan Weathers is ready to take the first step with you in reaching a desirable and amicable resolution to your divorce proceedings. The team at Nava Law Texas is only a call or form submission away, so reach out today to secure a consultation directly with Attorney Weathers.
Our office is proud to serve clients throughout El Paso and the surrounding areas.
