If you are considering filing for divorce, then you know that divorce is often extremely emotional and stressful. The Katy divorce attorneys at Travers & Travers are dedicated to realistically assessing your situation and guiding you through the best course of action to resolve your divorce matter as efficiently and effectively as possible.
At your initial consultation, we will discuss your situation, listen to your concerns, and assist you in determining your wants and needs for the outcome of the divorce. We will then design a strategy that can help you achieve the most favorable realistic outcomes for all matters related to your divorce.
Throughout the divorce process, our attorneys and staff will work with you to ensure that you receive the highest quality service while meeting your individual needs and the requirements of your case.
To learn more about how the Katy divorce attorneys at Travers & Travers can help you through this difficult time, please call us for an initial consultation. We are dedicated to ensuring that your rights are preserved and that your voice is heard throughout your entire divorce case.
After a divorce, it is possible to modify the terms of the decree dealing with conservatorship, possession and access, or child support. It is important to note that modification cannot be sought just because one party is not happy. There are requirements that must be met to modify a decree of divorce or other custody agreement.
If you are considering modification to terms of your decree dealing with conservatorship, possession and access, or child support, please contact the Katy divorce lawyers at Travers & Travers to assist you in modifying the terms of your court order.
Property Division and Characterization Issues
In a divorce, Texas courts have great discretion in dividing the property of a divorcing couple. There is no requirement that there be a 50%-50% split, only the general rule that the property be divided “in a manner that the court deems just and right,” considering all relevant factors. Such factors involve fault in the breakup of the marriage and the size of the parties’ marital estate.
Likewise, in a divorce, the parties themselves may reach their own agreement on the division of property, which then must be approved by the court.
In most circumstances, we recommend that property issues be addressed early on in a divorce. The Katy divorce attorneys at Travers & Travers encourage clients to begin gathering documentation regarding their property as soon as possible. The documentation is necessary to prepare an Inventory and Appraisement, which is required in many counties prior to trial of the divorce. We will help you develop your Inventory and Appraisement as well as a proposed division of the marital estate.
In Texas, “marital property” consists of all property that a spouse brings into a marriage or acquires during the marriage. With limited exceptions, all marital property in Texas can be characterized as separate property, community property, or mixed. The character of the property has great impact on how the property will be awarded during your divorce. The Katy divorce lawyers at Travers & Travers will also help you determine the character of your property.
If a parent does not have primary conservatorship or custody of a child, he or she will likely be required to pay child support to the other parent until the child turns 18 years old or graduates from high school, whichever is later. Many parents rely on child support from the other parent to provide the best possible lifestyle for their child.
In general, child support is calculated based on a percentage of the net income of the obligor-parent. Child support also varies depending on how many children are involved.
If you have any questions on how much child support you or the other parent may have to pay, please contact the Katy child support lawyers at Travers & Travers for an explanation of your rights and obligations.
Custody / Conservatorship
In Texas, the paramount consideration for any family law court is deciding what is in the best interest of the child. Courts encourage children and parents to maintain a close relationship. The Court will order minimum parameters for the relationship between the parents and the children which includes a list of shared rights and duties and time periods for possession of the children (commonly referred to as “visitation.”) The Texas Standard Possession Order is the established guideline for minimum periods of possession for the parents; however, courts encourage the parents to work together and agree on periods of possession whenever possible.
For more information on conservatorship or possession and access, please contact the Katy custody lawyers at Travers & Travers.
Mediation is a process in which a third party mediator assists in the resolution of your divorce or family law case. The mediator serves as a neutral voice and is unconnected to the case. During a mediation, the parties are usually seated in separate rooms with their attorneys. The mediator will begin by listening to both parties and identifying the disputed issues. Then the mediator will act as a “go between” for the parties and assist them in settling their disputes. The Katy mediation lawyers at Travers & Travers encourage mediation, as it is an effective tool for settling issues arising in a divorce and other family law matters.
The parties to a divorce can resolve their dispute through the use of the collaborative law process, which is a procedure by which parties and their attorneys agree in writing to use their best efforts to make a good-faith attempt to resolve their dispute on an agreed basis without resorting to judicial intervention. If the parties do not reach an agreement with the collaborative law procedure, the case can be set for trial. The Katy collaborative lawyers at Travers & Travers are well-equipped to participate in the collaborative law procedure. To learn more, please contact a lawyer within our office.
Termination and Adoption
In Texas, a termination suit may be filed to protect the child’s best interest. Termination may be appropriate when a parent has abused, neglected, abandoned, or endangered the child. Regardless of the suit’s basis, termination of the parent-child relationship can only be granted if it is in the child’s best interest.
An adoption is a process by which a nonbiological party becomes the parent of a child. All connection with the biological parent must first be severed, by death or by termination. In Texas, adults can be adopted as well.
The Katy adoption lawyers at Travers & Travers are available to answer any questions you may have about termination and/or adoption. Our firm does not find nor place children for adoption.
Prenuptial and Postmarital Agreements
Prenuptial and postmarital agreements are used to give current or prospective spouses the ability to alter their marital-property rights without substantive judicial action in the event of a subsequent divorce. Often prenuptial agreements are used to preserve family monies for children from an earlier marriage or to detail what property belongs to each party. Postmarital agreements, on the other hand, are often used to change the characterization of marital property during the marriage.
If you are interested in a prenuptial or postmarital agreement, please contact the Katy divorce attorneys at Travers & Travers for an appointment with an attorney.
Trial and Appeal of Family Law Matters
The attorneys at Travers & Travers are familiar with the courtroom. There are many ways to settle a divorce or family law case without going to trial in front of a judge; however, if those avenues are unsuccessful, the attorneys at Travers & Travers will be ready to go to trial for you.
If your case does go to trial, the final judgment may be subject to appeal. It is important to note that appeals are subject to strict time limitations and must be brought soon after trial. If you feel as though the final judgment in your case is unjust, contact the Katy appellate lawyers at Travers & Travers as soon as possible for an evaluation of your case.