We understand that sometimes marriage is not all it’s cracked up to be. In a perfect world the spouse you fell in love with would never change and life would always be sunshine and rainbows. If you are facing divorce proceedings in The Woodlands, Texas, then call us at (832) 410-8935.
When it comes to protecting your assets, your child visitation rights, and your sanity…experience matters. You should never face divorce alone. Our main goal is to aggressively pursue a favorable legal outcome in your divorce proceeding.
We understand the turmoil and hardships that clients face when fighting a divorce in Montgomery County, and Harris County, Texas. Call our office now to speak to an attorney 832-410-8935.
How To Choose A Divorce Attorney
Getting a divorce in Texas is relatively easy and inexpensive if there will be no opposition in court. This can happen in two ways:
2. The two of you are can work things out with a written agreement that settles all issues of support, dividing property and debts, and parenting if you have kids.
But first, let’s talk about the easier cases. If there’s no legal opposition, all that’s left to get your divorce is some paperwork and red tape to get your Decree and this shouldn’t take a lot of time or cost a lot of money. You can do the paperwork yourself, or get someone to do it for you.
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Marriages often join two individuals who promise their lives to each other– for better of for worse. Oftentimes, for worse comes sooner than the couple expected. Fortunately for these couples, Texas laws outline the concept called premarital agreements that could protect the assets of each spouse. What does the Texas Code say about this? See more
With modern-day technology, paternity is much simpler to establish. Texas statutes have also outlined the requirement for establishing and rebutting paternity. See more
Family violence is a real and present danger to many Texas Citizens. Thus, it is important to know what exactly constitutes family violence under Texas law, what individuals must report family violence, and to what authorities must the violence be reported to. To tackle all of this, let’s dive into the statute. See moreAre you in search of a divorce lawyer in The Woodlands, Texas? If you’re facing a divorce, you need an experienced lawyer who knows how to handle the complexities of these cases, a lawyer who will fight for your rights and make sure you get your fair share of the marriage assets. The Law Firm of Andrea M. Kolski is the legal team to have on your side.
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As an attorney in The Woodlands, Texas, with 15 years experience on both sides of the courtroom, too often I’ve seen divorcing couples scramble to try to figure out “fault” and “community property” and all the rest of the terms that go into filing for divorce. An attorney can help you navigate the complex laws that govern divorce with your best interest in mind. Your spouse will most likely have a lawyer working on their behalf, so you’re better off having an equally dedicated lawyer on your side.
Texas law allows for No Fault divorce, which basically just means that you can no longer live together. However, if there are specific grounds for a divorce, the court may take those into account when distributing property and considering support.
Community property refers to any property or assets that were acquired by either spouse during the marriage. Separate property refers to anything that was separately owned by either spouse before the marriage. The law varies from state to state on the subject of community property.
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In general, Texas is a community property state. This means that assets one spouse gains during the marriage are the property of both. Unlike many community property states, though, Texas gives the courts wide latitude to divide the assets in a “just and right fashion.” Certain items may be considered separate property, such as money acquired as an inheritance, but beyond that, unequal distribution may occur based on quite a few factors. The divorcing spouses are allowed to draw up their own distribution agreement, which will likely be approved by the court if it is fair and reasonable.
Child custody and child support are complex issues in a divorce. It’s always best to come to the most amicable and reasonable agreement that you can, and submit it for court approval. Of course, many divorcing spouses are upset and angry, and may have trouble drawing up their own agreements.
An experienced lawyer can help you reach an agreement with your ex spouse in regards to custody and how you will split the time with your children. Reaching an agreement out of court minimizes legal fees as well as reducing the stress and emotional toil on the children. If the parents cannot come to a custody decision they can both live with, a judge will have to make the decision for you according to what they believe is in the best interest of the child(ren). It may be in your best interest to compromise on child custody rather than leaving the decision solely up to the judge who may not rule in a way you like.
Top 10 Reasons For Divorce In Texas [infographic]
One parent may be ordered to pay child support to the other parent. Child support is typically paid by the non custodial parent to the custodial parent, or to whichever parent has primary custody. Child support can be part of an out of court divorce settlement, or a judge may order one parent to pay child support. It is most often set up as an automatic withdrawal from the noncustodial parent’s paycheck.
Another difficult aspect of divorce is spousal support, more commonly known as alimony. When one spouse receives a higher income than the other or if it is apparent that one spouse will need financial support following the divorce, spousal support may be in order. Spousal support is sometimes agreed upon during a divorce settlement out of court, but if both parties cannot agree, a judge may need to rule on the subject in court.
Spousal support can be changed later on as either spouse’s financial situation changes. If the spouse receiving support gets remarried and the new spouse can provide the financial support needed, the court may rule that spousal support payments may be discontinued.
Divorce Mediation Attorney In The Woodlands
Having an experienced divorce attorney on your side helps with the many varied aspects of divorce proceedings. If you or a loved one needs assistance navigating the complicated issues surrounding a divorce, call the Law Office of Andrea M. Kolski in The Woodlands, Texas, at 832-381-3430.
One of the two people seeking divorce must have lived in the state of Texas for at least a continuous 6 month period of time. One or the other of the spouses involved in the divorce must have lived in the county where the divorce is being filed for at least 90 days.
Alimony, also known as spousal support, is when one spouse is required to pay money to the other. Alimony is typically decided on by the court as part of the divorce agreement. One spouse may be awarded alimony from the other spouse if they are unable to support themselves or lack sufficient resources to support their current standard of living. Alimony is only a factor in marriages of at least 10 years or in cases of spousal or family abuse.
Kingwood Divorce & Child Custody Attorney
Divorces can take months and even years to be finalized in court, which may leave one spouse in a difficult financial situation. You can request temporary spousal support to be paid to you while your case is pending.
You can keep your medical insurance coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act) through your spouse’s employer for up to 3 years if they work for a business with at least 20 employees. Your spouse’s employer may charge them for this coverage.
On average, 95% of divorces are settled uncontested out of court. If both parties can agree on the division of property, alimony, custody of children, child support, and other matters the process can go relatively smoothly. In some cases both parties work with a mediator to form an agreement that a judge must simply approve.
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In the state of Texas it is possible that the court could order you to attend marriage counseling. However, this is rare. Usually if a marriage has reached the point where one or both parties has filed for divorce, the marriage likely cannot be reconciled. Marriage counseling is also a costly endeavor that not all couples can afford.
Yes, you are obligated to report all of your monetary assets as well as property you own. You will be asked to swear under oath that you have disclosed everything you possess. Concealing money or possessions during a divorce may cause your attorney to back out of your case.
If the divorce is not final as of the last day of the year (December 31st), then the taxes can still be filed as joint for that tax year. Filing a joint tax return is usually beneficial from a financial standpoint, but it is not mandatory to do so.
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