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Divorce Lawyer in Montgomery County – Woodlands, TX
Are you in search of a divorce lawyer in The Woodlands, Texas? If you’re facing a divorce, you need an experienced lawyer who knows how to handle the complexities of these cases, a lawyer who will fight for your rights and make sure you get your fair share of the marriage assets. The Law Firm of Andrea M. Kolski is the legal team to have on your side.
As an attorney in The Woodlands, Texas, with 15 years experience on both sides of the courtroom, too often I’ve seen divorcing couples scramble to try to figure out “fault” and “community property” and all the rest of the terms that go into filing for divorce. An attorney can help you navigate the complex laws that govern divorce with your best interest in mind. Your spouse will most likely have a lawyer working on their behalf, so you’re better off having an equally dedicated lawyer on your side.
Here’s what to think about before you file paperwork.
What’s the Difference Between No Fault Divorce and Divorce for Grounds?
Texas law allows for No Fault divorce, which basically just means that you can no longer live together. However, if there are specific grounds for a divorce, the court may take those into account when distributing property and considering support.
These are the grounds for an At Fault divorce in Texas:
- Cruelty – When one spouse willfully causes pain or suffering to the other spouse.
- Adultery – The voluntary sexual intercourse of a married person with one not the husband or wife of the offender.
- Felony Conviction – If one spouse was convicted of a felony, sentenced to prison for at least one year, and has not been pardoned.
- Abandonment – When one spouse voluntarily leaves the other and stays away for at least a year.
Grounds for No Fault divorce in Texas:
- Living Apart – When the spouses have been living apart for at least 3 years.
- Insupportability -The marriage cannot be reconciled by either spouse. There is little chance of the couple getting back together.
- Confinement in Mental Hospital (3 or more years) – If one spouse is mentally ill enough to be confined to a mental hospital for at least 3 years, indicating a low chance of recovery or a high chance of relapse.
What is Community Property?
Community property refers to any property or assets that were acquired by either spouse during the marriage. Separate property refers to anything that was separately owned by either spouse before the marriage. The law varies from state to state on the subject of community property.
In general, Texas is a community property state. This means that assets one spouse gains during the marriage are the property of both. Unlike many community property states, though, Texas gives the courts wide latitude to divide the assets in a “just and right fashion.” Certain items may be considered separate property, such as money acquired as an inheritance, but beyond that, unequal distribution may occur based on quite a few factors. The divorcing spouses are allowed to draw up their own distribution agreement, which will likely be approved by the court if it is fair and reasonable.
Custody Agreements and Child Support
Child custody and child support are complex issues in a divorce. It’s always best to come to the most amicable and reasonable agreement that you can, and submit it for court approval. Of course, many divorcing spouses are upset and angry, and may have trouble drawing up their own agreements.
An experienced lawyer can help you reach an agreement with your ex spouse in regards to custody and how you will split the time with your children. Reaching an agreement out of court minimizes legal fees as well as reducing the stress and emotional toil on the children. If the parents cannot come to a custody decision they can both live with, a judge will have to make the decision for you according to what they believe is in the best interest of the child(ren). It may be in your best interest to compromise on child custody rather than leaving the decision solely up to the judge who may not rule in a way you like.
One parent may be ordered to pay child support to the other parent. Child support is typically paid by the non custodial parent to the custodial parent, or to whichever parent has primary custody. Child support can be part of an out of court divorce settlement, or a judge may order one parent to pay child support. It is most often set up as an automatic withdrawal from the noncustodial parent’s paycheck.
Spousal Support / Alimony
Another difficult aspect of divorce is spousal support, more commonly known as alimony. When one spouse receives a higher income than the other or if it is apparent that one spouse will need financial support following the divorce, spousal support may be in order. Spousal support is sometimes agreed upon during a divorce settlement out of court, but if both parties cannot agree, a judge may need to rule on the subject in court.
Spousal support can be changed later on as either spouse’s financial situation changes. If the spouse receiving support gets remarried and the new spouse can provide the financial support needed, the court may rule that spousal support payments may be discontinued.
Why You Need Divorce Attorney Andrea M. Kolski
Having an experienced divorce attorney on your side helps with the many varied aspects of divorce proceedings. If you or a loved one needs assistance navigating the complicated issues surrounding a divorce, call the Law Office of Andrea M. Kolski in The Woodlands, Texas, at 832-381-3430.
Frequently Asked Questions About Divorce Law
What are the residency requirements to file for divorce in the state of Texas?
One of the two people seeking divorce must have lived in the state of Texas for at least a continuous 6 month period of time. One or the other of the spouses involved in the divorce must have lived in the county where the divorce is being filed for at least 90 days.
What is alimony and how does it work?
Alimony, also known as spousal support, is when one spouse is required to pay money to the other. Alimony is typically decided on by the court as part of the divorce agreement. One spouse may be awarded alimony from the other spouse if they are unable to support themselves or lack sufficient resources to support their current standard of living. Alimony is only a factor in marriages of at least 10 years or in cases of spousal or family abuse.
Can I get temporary spousal support before the divorce is finalized?
Divorces can take months and even years to be finalized in court, which may leave one spouse in a difficult financial situation. You can request temporary spousal support to be paid to you while your case is pending.
Will I lose my medical insurance that I had through my spouse’s employer?
You can keep your medical insurance coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act) through your spouse’s employer for up to 3 years if they work for a business with at least 20 employees. Your spouse’s employer may charge them for this coverage.
Do all divorces go to trial?
On average, 95% of divorces are settled uncontested out of court. If both parties can agree on the division of property, alimony, custody of children, child support, and other matters the process can go relatively smoothly. In some cases both parties work with a mediator to form an agreement that a judge must simply approve.
Are we required to attend marriage counseling before getting a divorce?
In the state of Texas it is possible that the court could order you to attend marriage counseling. However, this is rare. Usually if a marriage has reached the point where one or both parties has filed for divorce, the marriage likely cannot be reconciled. Marriage counseling is also a costly endeavor that not all couples can afford.
Do I have to disclose all of my assets during a divorce?
Yes, you are obligated to report all of your monetary assets as well as property you own. You will be asked to swear under oath that you have disclosed everything you possess. Concealing money or possessions during a divorce may cause your attorney to back out of your case.
When do I stop filing joint taxes after a divorce?
If the divorce is not final as of the last day of the year (December 31st), then the taxes can still be filed as joint for that tax year. Filing a joint tax return is usually beneficial from a financial standpoint, but it is not mandatory to do so.
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