Divorce

The often-quoted statistic that one half of all marriages end in divorce has been reduced over the last few years, but still the divorce rate in America is more than twice what it was 40 years ago.

In the State of Texas more than 77,000 marriages end each year by final divorce, which is second only to Florida among states reporting divorces and equates to more than 200 divorces each day.

Divorce can be an overwhelming experience for those parents and children going through the process. We will work hard for you during this time with the goal that you will emerge financially and emotionally intact.

Post-Divorce Modifications

The most common modifications involve child custody, visitation and child support. The requirement for almost any modification is that a material change of circumstance has taken place for one or more of the persons affected by a final Court order or mediation agreement and the material change has taken place since the date of the order or mediation agreement. This means there has been basic change in the lives of the parents or children, which makes a modification of the terms of the custody order or mediation permissible if the change is in the best interests of the minor children affected by the order/mediation agreement.

We realize that some changes to the divorce decree are significant but aren't considered modifications. For instance, one party to a divorce may hide a piece of property so that it will not become part of the divorce settlement. In such cases, if the other party is able to locate the property, he or she can petition the court to divide the found property without reopening all the issues that were in play at the time of the divorce.

Child Custody

The custody of children is one of the most hotly contested issues in family law. Under the laws of Texas and many other states, joint custody is increasingly preferred when both parents are considered acceptable. Joint custody divides parental rights and duties but does not necessarily provide equal periods of possession.

This law firm understands the emotional strain put on parents and children by a child custody action. We explain the pros and cons of such a move and help our clients make the right decision.

Visitation Issues

In most jurisdictions, both parents have significant access to their children after a divorce if they have been involved parents during the marriage. The visitation schedule ordered by a court in a custody determination is often based upon a statutory standard known as a “standard possession order” as defined in the Texas Family Code and by what is in the best interest of the child.

Prenuptial Agreements

A premarital agreement may be a useful and valuable planning tool. In order to eliminate issues and simplify the matters if dissolution of a marriage occurs, a premarital agreement can provide certainty and security. A premarital agreement can provide for the disposition and determination of ownership in a divorce of individuals with interests in assets which are not easily divisible, such as an interest in a family owned business, family partnership or an interest in a tract of real estate.

Parentage

Proving parentage has become much easier because of DNA fingerprinting. Such technologically advanced techniques can establish parentage within a scientific certainty.

This firm has knowledge and experience in the methods utilized by the Courts to establish the parentage of a child and works to insure parents of both sexes who maintain and establish a meaningful relationship with their children will have their rights protected in our system of justice.

Complex Property Arrangements

The largest and most complex business transaction(s) most people will ever be involved in is their own divorce. Drawing from education and experience that includes a JD, MBA as well as a CPA, this firm has experience in dealing with the complexities involved in dividing a marital estate, including the effect of Federal tax law, and state property law. A divorce matter may involve a number of complex property issues, including character, value and equitable claims. We understand that even those clients who live modestly may divide an estate with a value or worth of several million dollars, considering the value of homes, retirement accounts and closely held businesses. The firm has worked closely with experts in real estate, business valuation and appraisal to determine what property is worth and to help you take the steps necessary to obtain a just and right division of your marital estate. Furthermore, we have the knowledge and experience to understand the methodology utilized by these experts to help determine and ensure the proper methods and information are used when determining the value(s) of the property interests in a marital estate.

Asset Partition

An asset partition can be a perfectly legal and highly effective means of preserving the assets of one spouse from claims made against assets controlled by the other. We can assess a client's situation and determine if the partition of assets would be appropriate and viable means that could make an appreciable difference in your case.

Asset Tracing

An increasingly vital part of a sophisticated family law practice is the ability to locate value and/or trace assets that may not be known or be obvious to one of the parties in a marriage.
Asset determination is an art and will usually involve review of Federal and State tax returns and or financial statements. We know that understanding financial and tax reporting is a talent necessary to determine the existence, location and value of the assets in your marital estate which may impact your financial viability.