Easing the Divorce Process
Divorce is one of life’s most emotionally charged issues. More often than not, dissolution of marriage entails a certain degree of complexity. Vital decisions regarding your future come into play. When there are lives of children involved, you and your spouse will need agreements or court orders regarding child custody, child support, and visitation. Division of marital assets is also a major concern in many divorces. Division of assets can be especially complicated when there is a closely held business or considerable assets to be divided. Alimony, (known as spousal maintenance in Texas) may also be an issue in your case.
When you are faced with divorce, there is no substitute for the know-how of a skilled family law attorney. With more than 15 years of experience, Mr. Kelley provides legal services in the area of divorce and all related issues of property division, alimony, child custody, child support, visitation, modification and enforcement, and injunctions.
Every divorce starts with a petition. In Texas, divorces are categorized as “no fault” and “fault.” A “no fault” helps lessen the conflict, allowing either or both spouses to cite irreconcilable differences without placing blame. Whether you choose a “no fault” or a “fault” is something you should discuss with your attorney. In some instances, such as distribution of property or setting visitation rights, the Court may weigh the fault or grounds for divorce when making a determination.
Attorney David Kelley will provide the legal advice vital to making key decisions, and guide you through the legal maze in your proceedings. While your case is in process, Mr. Kelley can assist you with temporary arrangements for child custody, child support, visitation, spousal support/alimony and issues concerning your house, and car to name a few examples.
Marital liabilities and distribution of assets are other frequently contested aspects of divorce that require the expertise of an attorney. In Texas the community property system is used to divide property, and distinguishes between community and separate property. It is a complicated property system which involves important legal considerations.
Community property refers to property acquired during a marriage such as homes, real estate, businesses, vehicles, boats, art or other collections, and is subject to divided by the judge in what he or she deems to be a “just and right” division. In addition, either spouse’s interest, accumulated while married, in a retirement, 401K, profit-sharing, pension or other benefit plans is also considered community property. The court may choose to award a portion of one spouse’s interest to the other spouse. When making a “just and right” division the court considers many factors, including the earning power of the spouses and fault in the break up of the marriage. Therefore, it is important to have a seasoned attorney who is prepared to argue your case to the court if need be.
Separate property is primarily property acquired prior to the marriage, property inherited, or gifts received by either spouse while married. The court is not permitted to divide separate property. Proving the “separate” status or property is sometimes complicated and many times requires legal expertise.
Not only will Mr. Kelley help you to understand the issues unique to your family, but he’ll also protect your interests.
We know the distress couples and their family’s encounter, when a marriage breaks down. When possible we utilize less stressful alternatives such as collaborative or mediation where practical. However, when these methods are not an option we are prepared to take whatever steps necessary in the courtroom to make sure your rights and interests are protected. In each case Mr. Kelley evaluates the legal remedies available, and selects a path that provides the most effective and efficient solution.
When you need to explore the best approach for your divorce, call our law firm today at 817-922-0555 to arrange a consultation with a skilled Fort Worth lawyer.