Galveston County Divorce Lawyer
Every divorce is different because every family brings a unique dynamic and history to the table. This means that some divorces are hotly contested and involve complex child custody issues, while others can be dissolved relatively easily based on mutual agreement. At the law firm of Lindamood & Robinson, P.C. our Galveston County divorce lawyers have handled all kinds of divorce cases, so if you are considering separating from your spouse, please contact one of our experienced divorce lawyers who can help explain your legal options.
- Alimony
- Asset Protection
- Complex Marital Estates
- Custody Settlement
- Divorce Mediation
- Divorce Modification & Enforcement
- Hidden Assets
- Investment & Retirement Accounts
- Property Division
- Property Settlement
- QDRO
- Separation & Divorce Planning
- Trust Fund Assets
Negotiations
In many divorces, some of the most contested issues involve division of property and child custody. Our Galveston County divorce lawyers follow a stair step process that helps minimize conflict by first identifying areas of agreement before beginning negotiations on disputed issues. Negotiation and out-of-court collaborations between the parties can help lessen some of the more emotional aspects of divorce proceedings. However, some issues are so complex that they must be litigated in court. Our firm’s reputation is largely based on our trial experience and ability to aggressively represent our clients, while also taking into account their emotional well-being. Whether your case can be handled through negotiation or litigation, we will make the best interests of you and your children our number one priority. If you have questions or concerns about your own divorce proceedings or any of the following divorce-related issues, please contact us and we’ll help you set up a consultation with one of our dedicated lawyers.
- Legal separation;
- Divorce planning;
- Domestic violence;
- Protective orders;
- Asset protection;
- Spousal maintenance;
- Child custody, child support, and visitation;
- Hidden assets; and
- Modification of divorce decrees.
No-Fault Divorce
The result of an official divorce decree is the legal termination of a marriage contract between two people. Unlike many states, in Texas, divorces do not have to be fault based. This means that a court will grant a divorce without requiring that the parties provide evidence of who was responsible for the deterioration of the marriage.
Fault-Based Divorce
Texas courts also grant fault-based divorces based on proof of the following:
- Abandonment;
- Adultery;
- Confinement in a mental institution;
- A felony conviction;
- Cruelty; and
- Living in separate residences for at least three years.
Usually, couples pursue a fault-based divorce if they are unable to negotiate a settlement about child support or division of assets and one party wants the court to decide the issue, while also taking the other party’s actions into consideration.
Uncontested v. Contested Divorce
Before a court will grant a divorce, certain issues must be resolved, including:
- Child custody;
- Child support;
- Visitation;
- Spousal maintenance; and
- Property division.
If a couple is able to agree on these issues in writing and without the interference of the court, they will be granted an uncontested divorce. This means that the parties will be able to avoid the high costs and added stress of litigation. If, on the other hand, the parties are unable to agree on these issues, the divorce is considered contested and may require court intervention.
Property Division
One of the most difficult aspects to negotiate in any divorce is property division. In Texas, courts use the community property system to divide marital assets, which means that most property acquired by either spouse during the marriage will be considered community property and split according to what the court deems just. Separate property, owned exclusively by one spouse, however, will not be divided. Texas recognizes certain types of property as separate for purposes of a divorce, including:
- Property owned by a spouse before the marriage;
- Property that was a gift or an inheritance; and
- Recovery for personal injuries sustained by one spouse during the marriage.
Classifying property as either community or separate can be extremely difficult, so having the advice of an experienced divorce lawyer can simplify the process and help a couple avoid one of the more contentious aspects of a divorce.
Contact An Experienced Galveston County Divorce Lawyer
Divorce proceedings can be emotional and stressful, especially if a couple has children. Retaining the services of a lawyer can help the parties approach the divorce from a logical perspective and avoid some of the financial cost and emotional burden involved in most divorces. If you are considering a divorce, please contact the experienced Galveston County divorce lawyers at Lindamood & Robinson, P.C. by calling 713-654-2112.
