Cinco Ranch Divorce Attorney

Experience

The most important quality that an attorney can have, in our opinion, is the ability to win favorable outcomes for their clients. The more victories an attorney has, and to some degree, the more victories a law firm has, the better. A strong attorney with a track record for success should be your first pick, and when a law firm has a team built of similar attorneys, you gain the advantage of their shared pool of knowledge and experience, which they will use to help their colleagues.

Your divorce attorney should have significant experience in divorce law and other family law matters, such as property division and child custody issues. We recommend hiring an attorney that is an experienced negotiator and prioritizes mediation, but also has significant trial experience. This way, you can ensure that you will receive the highest standard of legal care during both meditation and litigation.

Accessibility

It is important to hire an attorney that is available to talk with you about the case regularly. They should update you on how the case is progressing and be available to answer your calls and emails.

You should never expect that your attorney will be available to you every day of the week, but a good attorney will have a system in place. This system should ensure that if you cannot get in touch with your attorney, they will get back to you promptly or arrange for a colleague to contact you if they cannot respond in a timely manner. You should never be kept in the dark about how your case is progressing.

Personality and Compassion

Going through a divorce may be one of the toughest, and most personal things that you ever have to do. You are dealing with separating from someone you once loved and wished to share your life with, and whether you decided to divorce them or they decided to divorce you, you will have to deal with some personal emotions.

You should make sure that you feel comfortable in the presence of your attorney and on the phone with them. You may have to discuss some highly personal matters with them, and you could have a working relationship with them for some time to come. You should feel they are compassionate about your situation, and easy to talk to but will not hesitate to advise you or tell you if you are acting In a way that may not be ideal.

Why Should I Hire a Cinco Ranch, TX Family Law Attorney?

Ultimately, how you arrived at the decision to divorce does not matter, but in all cases, divorce is a serious undertaking, one that will place legal obligations on both you and your spouse. This means that the outcome of the divorce can have long-lasting effects on your life, and the lives of your children if you and your spouse have them.

It is extremely easy to let emotions take control, and in many cases we handle, spouses cannot come to amicable agreements without legal representation because they cannot separate emotion from the matter. This is perfectly normal.

Your attorneys are not emotionally invested, and they will use negotiation or encourage mediation to help you and your spouse to come to amicable agreements. You may be surprised by what you can achieve with this help. Your attorney will also be responsible for educating you on your rights and advising you on how to act to protect them.

If you cannot agree upon all the terms in your divorce through negotiation or mediation, your attorney will be the one that fights your case in hearings for things like child custody, property division or spousal maintenance.

Your attorney will be responsible for:

Grounds for Divorce in Cinco Ranch

Texas is a no-fault state, meaning most couples will divorce under the claim of insupportability, a claim based upon the premise that you and your spouse cannot live together, love each other or come together on important decisions in their relationship.

Divorce Preparation

If you have made the decision you wish to divorce your spouse and have not told them yet, you could gain a small advantage by speaking to your attorney and informing them of your plans. They will help you get prepared, telling you which documents and paperwork you should prepare for the divorce proceedings.

These could include bank statements, lists of assets, property deeds, and tax returns.

Similarly, if you have been served divorce papers by your spouse, getting in touch with an attorney quickly is important as they will help you get prepared quickly in response. This could mitigate any advantage the filing spouse has.

The Impact of Divorce on Your Children

The impact that a divorce can have on your children should never be underestimated. In divorce proceedings where spouses do not have children, it can be easy to fight an aggressive case, pursuing assets and the rightful allocation of the marital estate.

When there are children involved, things are different. All family law attorneys, the family law courts and Judges across the state, must make decisions and act in the children’s best interests.

The ideal divorce is one that leads to as little displacement in the lives of the children involved as possible.

When it comes to child custody arrangements, a family law Judge will always want to see a fair visitation schedule, one that gives both parents a fair share of time with their children. This is because it has been shown by numerous studies that children do better after a divorce if they continue to have access to both loving parents.

However, a Judge will consider a different plan, is if one spouse is a proven danger to their child.

In addition, you need to make sure that neither you nor your spouse engages in any alienation. You should not discuss your conflict, temper, frustration or anger towards your spouse, with your children. You should not alienate your spouse in any way, shape or form. If the courts find out you have been engaging in this behavior, they will hold it against you.

Skillern Firm Divorce & Child Custody Lawyers Practice Areas

As a family law firm, as well as divorce, we are dedicated to the following cases:

Child Custody

One of the most difficult aspects of a divorce is the decision on who is going to take custody of the child, and who is going to get visitation rights. This is often the most heated issue because the love the spouses feel for each other may have faded, but the love parents feel for their children will not.

Often, the parent who has acted as the primary caregiver until this point will gain primary custody of the children.

The other parent will then have visitation rights, and both parents must create a visitation schedule that works for both parties involved. If there is a disagreement over which parent should receive primary custody, you may have to bring the case to court for a Judge to make a final decision.

It is usually in the best interests of the parents to come to an agreement themselves, outside of the courtroom, as it allows them to retain full control. Once it is in the hands of a family law Judge, the decision may be one that neither party is truly happy with.

This is why seeking legal representation from an attorney is recommended. Through negotiation or mediation, they can help you and your spouse come to an agreement that is in everyone’s best interests, especially the children’s.

Spousal Support

Looking after children and the family home is often a full time job, and may require one spouse to leave their career or postpone further education. In this scenario, that spouse may be at a disadvantage following the divorce because they will need time to retrain, re-educate and enter the workplace again.

In longer marriages of over 10 years, you may be able to pursue spousal support, which is a payment made by the other spouse to the spouse who gave up their career. This is a temporary payment schedule designed to help them get back on their feet and maintain a quality of life while they do so.

Modification of Order

Once your divorce has been finalized, it becomes legally binding. This means that your child custody arrangements, spousal support payments, and the division of your property are all legal obligations. You cannot choose to simply not follow them.

In the years that follow, you may find that the child custody and support orders you made during your divorce are no longer viable.

Perhaps one spouse has fallen ill and can no longer afford their child support payments, or has developed a disability and cannot care for the children in the same capacity.

In these situations, you may wish to discuss with your attorney about applying for a modification of your custody or support order. If you and your former spouse agree on the terms, the courts should approve it.

If your ex-spouse contests your appeal, the court will make their decision based upon the appeal and case you put forward, which is why it is so important to do so with skilled legal representation behind you.

The courts will also always listen to any appeal put to them where one parent believes the other parent poses a danger to their children. If you have evidence and put forward a compelling case, they could make a modification to your custody order.

Obtaining a modification of a child custody order is difficult and you will need the full knowledge and experience of an attorney to appeal.

High-Asset Divorce

In marriages where spouses have a high combined net-worth, there will likely be a lot of complex assets that need to be divided accurately and fairly. In these cases you will need an attorney that has experience in high-asset divorces.

Cases involving complex assets may require specialist experts to be brought in to accurately value the price of the assets.

Complex assets like cryptocurrency, art, retirement funds and investments may be worth more in the future than they are now, and this needs to be accounted for.

Here at Skillern Firm Divorce & Child Custody Lawyers, we can help you navigate the complexities of your high-net-worth divorce.

Mothers’ and Fathers’ Rights

Many fathers come to us believing they have a reduced chance of winning custody and many mothers assume they have a stronger chance due to their gender. Unfortunately, in the past, this may well have been the case.

Fortunately, Texas law has changed, and neither the mother nor the father gains any rights due to their gender. Both parents present their cases on equal footings, and the important factors that will need to be examined will be the deciding factors.

A family law Judge will always put the needs of the children first, and that means choosing the right parent to award custody too, regardless of whether they are the mother or the father.

Enforcement

Because divorces are legally binding, it means that you have to follow them by law. This includes making payments and allowing visitation, which are both separate orders.

If your ex-spouse neglects to pay their child or spousal support, you should discuss it with your attorney. While one or two missed payments should not warrant action, if they continuously refuse to pay, your attorney may need to speak to them and tell them the severity of what they are doing. These payments don’t go away, and if they continue to neglect their obligations, the courts may have to be involved.

They could garnish wages, add interest, issue fines and in the most serious cases, issue a warrant for the arrest of your ex-spouse.

You must remember however, that visitation and payment schedules are completely different, legally binding orders. If your spouse does not pay their spousal support payments, you cannot stop your children from seeing them. Withholding visitation is equally as serious as refusing to spousal support payments.