Rosenberg Divorce Attorney
Providing Qualified Divorce Representation and Counsel in Rosenberg, Texas
Ending your marriage can be an extremely difficult decision to make and often is accompanied by significant emotional upheaval. Even if the divorce was your idea, you are probably angry, stressed, upset, and concerned about that the future will bring. Not only are you dealing with the end of a relationship that you presumably thought would last a lifetime, it is also likely that you worried about where you will live, how divorce will affect you financially, and even your relationship with your children. With all of the ways that a divorce can affect you, it is not surprising that divorce is often thought of as one the biggest decisions a person can make in his or her lifetime and is usually not entered into without careful consideration of the alternatives.
Fortunately, you do not have to go through this difficult time alone. An experienced divorce attorney can explain the complicated process of getting a divorce, protect your rights, and communicate with your spouse or your spouse’s counsel on your behalf. Having an experienced advocate working on your behalf can provide you with peace of mind, allowing you to focus on moving on with your life and addressing the significant emotional difficulties that often accompany getting a divorce.
Handling a Variety of Issues Related to Divorce and Family Law
The process of getting a divorce can be complicated, even in relatively short marriages in which there are no children and few assets that need to be divided. Whenever you petition a court to do anything, you must follow certain procedural rules in order to have the court even consider your request. Furthermore, drafting a legally actionable petition or motion requires significant legal skill and knowledge, and even the most basic forms can be difficult for people without legal training to understand.
In many divorces, however, the process of actually filing for divorce is the simplest issue that even needs to be addressed, as there are often matters related to children and finances that must be resolved before the court will grant a divorce. Some of these are discussed below.
- Child Custody – Child custody, which is referred to as “conservatorship” in Texas, is often one of the most hotly contested issues in a divorce proceeding. Parents tend to be fiercely protective of their children, and issues within the marriage may cause one or both parents to believe that the other parent should have limited parental rights with respect to any children in the marriage. Unless you and your spouse can agree on how to parent together, a court will decide a parenting plan for you.
- Spousal Maintenance (Alimony) – Spousal maintenance is awarded in cases in which there is a significant difference in earning capacity (or individual means) between divorcing spouses. Generally speaking, it is intended to allow the lesser-earning spouse the ability to maintain a standard of living similar to the one that he or she enjoyed during the marriage. Texas judges have significant discretion in deciding whether and how much alimony to award in a given case, so it important for anyone involved in a divorce where it may be an issue to retain an experienced lawyer.
- Division of Property – As a community property state, Texas Law requires that property that is acquired during a marriage must be divided between divorcing spouses. Property that is considered separate property will be kept by each spouse. The law does not require that property be divided equally, however; rather it must be divided in a way that the judge deems “just and right.” As you can probably imagine, the determination of what is “just and right” in a given case is open to interpretation. An attorney can be of significant help in presenting your case to the court in the strongest way possible, maximizing your chances of obtaining a favorable result.
- Child Support – Child support payments can have a substantial impact on your financial situation, whether you are the one paying or the one receiving it. While child support payments are set using guidelines, judges still have some discretion in making decisions about child support. For this reason, it is critical to have an attorney on your side if you are involved in a child support dispute with your child’s other parent.
The Importance of an Attorney in Uncontested Divorce
While the issues above are often contested, there are divorces in which the parties are able to agree about the way they should be resolved. This situation, referred to an uncontested divorce, is invariably less complicated that a contested divorce, leading some people to question the need for an attorney. It is important to understand that even though you are you spouse may agree regarding the way the issues ancillary to your divorce should be resolved, it is still important to understand and protect your rights to the fullest extent possible. If you proceed with a divorce without having your separation agreement reviewed by a lawyer, you run the risk of forfeiting your rights without legal recourse in the future. In fact, if you forgo talking to an attorney, you may not even be aware of the fact that you have property rights in certain assets or a legitimate argument for avoiding paying maintenance, for example, As a result, you should always talk to an attorney if you are considering divorce, even if it is uncontested.
Contact the Vendt Law Firm, P.L.L.C. Today to Speak with a Rosenberg, Texas Divorce Lawyer
If you are going through a divorce or expect to be soon, you should speak to an attorney immediately. When you retain legal counsel, you can rest assured that your rights will be protected and that you stay informed about the complex legal issues that may affect the way that your case is resolved. Frank J. Vendt, Jr. is a skilled divorce attorney who provided compassionate and effective family law representation and advice. To schedule a consultation, call our office today at 832-276-9474 or send us an email through our online contact form.