Often, lawyers who specialize in helping people through divorce are known as family law attorneys, divorce attorneys, or both. In the world of family law, there are always at least two parties occasionally more than that : basically husband and wife.
Whereas in other areas of civil law the parties are known as plaintiff and defendant, in family law they are referred to as petitioner and respondent. Any family law or divorce attorneys are qualified to represent either party. In fact, there is little functional difference in the designations of petitioner and respondent.
Whichever party makes the first request to the court for a dissolution or separation is the petitioner; he or she "petitions the court" and the other party "responds" to the petition. If there are children under the age of eighteen involved in your divorce, divorce lawyers or family law attorneys in Montgomery County will also be able to negotiate custody, visitation and support issues as a matter of course.
Where divorcing parties are not fiercely divided over these issues, it is usually fine to negotiate an agreement and memorialize it through your respective counsel. It is worth noting that in Texas, dissolutions of marriage are governed by a few rules that are good to familiarize yourself with before you consult with attorneys. Texas, and several other states, have "community property" laws which govern the way virtually all the money, property and objects that accumulate during a marriage will be divided in the event of divorce.
Community property laws do not affect matters of custody or visitation if your dissolution involves minor children.
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Community property is a complicated subject, an d your attorney will be able to explain how it will apply to your individual case. The state of Texas allows both fault and no-fault grounds for divorce. Fault-based grounds for divorce include cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement to a mental hospital.
No-fault means any party can request a divorce and need not state any reason other than the catch-all: irreconcilable differences.
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This means that many allegations which divorcing spouses might find relevant, if not extremely vexing, and which may or may not be true, are irrelevant. As your divorce attorney in Magnolia TX, we are here to support you and to help you navigate all aspects of your case. Temporary Orders before Final Orders: Temporary orders are designed to preserve the status quo and protect the parties, property, and children from the time a divorce is requested to the time it is finalized by a Court.
Temporary orders put rules in place covering issues such as the care, custody, visitation, and support of the children, control over property, and payment of the bills.
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We help you determine whether your case will need temporary orders and what aspects to address to best help protect you, your assets, and your children. Property Division : In a divorce, the assets owned by you and your spouse must be identified, valued, and allocated to each spouse.
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Texas is a community property state, meaning that, with the exception of separate property, each spouse jointly owns all assets and debts acquired or created during the marriage by either spouse. We assist in applying these factors to help develop a property division that is equitable and protects your financial future. Spousal Maintenance: If you meet certain criteria and the property awarded to you upon a divorce is not sufficient to meet your minimum reasonable needs, you may be entitled to receive spousal maintenance, more commonly known as alimony, after your divorce is final.
We will identify and effectively advocate your need for maintenance to allow for a more successful and peaceful transition to your post-divorce life. Uncontested Divorce : An uncontested divorce is one where you and your spouse have reached an agreement on all issues affecting either person, your property, and your children, and you need an attorney simply to help you formalize your agreement.
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Even after having worked everything out amongst yourselves, an experienced attorney should prepare the divorce decree and any other documents that accurately and completely represents your agreement and finally resolves all issues. We can help you get it right the first time in a cost-effective manner by preparing and filing the necessary documents for you.